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Can they just come in when ever they feel like it?

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M

Mishell

Guest
Okay, I've lived in my apartment for about 5 months, and twice, I've come home to find evidence that the landlord or someone else has been in my apartment. There's nothing missing, but there would be things moved around, like the first time, a closet door was open and a chair had been moved into the closet, and the floor had been vacuumed. I was willing to overlook that. This time, however, I'm just a little upset. I came home tonight to find my bed moved halfway across the floor, apparently someone had dropped by to replace the windows in my bedroom. I have no problem with them replacing the windows, in fact, I'm really happy about that, the windows were really needed. What cheeses me off is the fact that I didn't know they were coming, I didn't have the opportunity to clean my bedroom, and I just feel violated, I don't know who was in my bedroom, what they may have gotten in to, and I'm really, really upset. So, my question is, is that legal? Can my landlord just let people in without my knowledge? If not, what actions can I take to ensure that it does not happen again?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mishell:
Okay, I've lived in my apartment for about 5 months, and twice, I've come home to find evidence that the landlord or someone else has been in my apartment. There's nothing missing, but there would be things moved around, like the first time, a closet door was open and a chair had been moved into the closet, and the floor had been vacuumed. I was willing to overlook that. This time, however, I'm just a little upset. I came home tonight to find my bed moved halfway across the floor, apparently someone had dropped by to replace the windows in my bedroom. I have no problem with them replacing the windows, in fact, I'm really happy about that, the windows were really needed. What cheeses me off is the fact that I didn't know they were coming, I didn't have the opportunity to clean my bedroom, and I just feel violated, I don't know who was in my bedroom, what they may have gotten in to, and I'm really, really upset. So, my question is, is that legal? Can my landlord just let people in without my knowledge? If not, what actions can I take to ensure that it does not happen again? <HR></BLOCKQUOTE>


My response:

I'm sorry, but I don't know what the laws are in Delaware.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
M

Mishell

Guest
I'm sorry, I should have said where I'm from. I'm actually in Minnesota.

[This message has been edited by Mishell (edited April 21, 2000).]
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mishell:
I'm sorry, I should have said where I'm from. I'm actually in Minnesota.

[This message has been edited by Mishell (edited April 21, 2000).]
<HR></BLOCKQUOTE>

My response:

Yeah, that was my way of saying: DUH !! There are 50 States in the Union.

Okay, I'll do some snooping around for you, and post my response back here when I locate something . . .

IAAL

My further response:

Okay, here's the Statute for your neck of the woods. After reading it, use some of the pertinent language from the Code Section, and post a note on the outside of your door in a nice picture frame saying, for example:

PLEASE TAKE NOTICE

"YOUR LIBERTY AND RIGHT TO FREEDOM COULD BE JEOPARDIZED BY ENTERING THESE PREMISES UNLESS YOU HAVE MY EXPRESS, WRITTEN, AND DATED PERMISSION . . .

If you violate my privacy without proper Notice from you, to this tenant, under this law, and without my written permission to enter these premises, I will SUE you in Civil Court, and then I will also report you to the District Attorney's Office, swear out a complaint for TRESPASS and have you arrested, and have you Criminally Prosecuted to the fullest extent of the law. This is my home you FAT ASS. So, unless you think your freedom and your money is not worth a tinker's damn, then KEEP OUT. I have set up a hidden Mini Camera to let me know who, when, and how long you're in my home !! So, if you don't want to go to jail, and pay me lots of money, then STAY OUT.

YOU ARE WARNED."


Go get 'em.

IAAL


HERE'S THE LAW:

Section: 504.183
Text:
504.183 Tenant's right to privacy.

Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them.

(a) "Building" has the meaning given in section 566.18, subdivision 7.

(b) "Landlord" means the owner as defined in section 566.18, subdivision 3, the owner's agent, or other person acting under the owner's direction and control.

(c) "Tenant" has the meaning given in section 566.18, subdivision 2.

Subd. 2. Entry by landlord. Except as provided in subdivision 4, a landlord may enter the premises rented by a tenant only for a reasonable business purpose and after making a good faith effort to give the tenant reasonable notice under the
circumstances of the intent to enter. A tenant may not waive and the landlord may not require the tenant to waive the tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease.

Subd. 3. Reasonable purpose. For purposes of
subdivision 2, a reasonable business purpose includes, but is not limited to:

(1) showing the unit to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent;

(2) showing the unit to a prospective buyer or to an insurance representative;

(3) performing maintenance work;

(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;

(5) the tenant is causing a disturbance within the unit;

(6) the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit;

(7) prearranged housekeeping work in senior housing where 80 percent or more of the tenants are age 55 or older;

(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy
it; or

(9) the tenant has vacated the unit.

Subd. 4. Exception to notice requirement.
Notwithstanding subdivision 2, a landlord may enter the premises rented by a tenant to inspect or take appropriate action without
prior notice to the tenant if the landlord reasonably suspects that:

(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;

(2) immediate entry is necessary to determine a tenant's safety; or

(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the tenant's premises.

Subd. 5. Entry without tenant's presence. If the landlord enters when the tenant is not present and prior notice has not been given, the landlord shall disclose the entry by
placing a written disclosure of the entry in a conspicuous place in the premises.

Subd. 6. Penalty. If a landlord substantially
violates subdivision 2, the tenant is entitled to a penalty which may include a rent reduction up to full rescission of the
lease, recovery of any damage deposit less any amount retained under section 504.20, and up to a $100 civil penalty for each
violation. If a landlord violates subdivision 5, the tenant is entitled to up to a $100 civil penalty for each violation. A
tenant shall follow the procedures in sections 566.18 to 566.34 to enforce the provisions of this section.

Subd. 7. Exemption. This section does not apply to tenants and landlords of manufactured home parks as defined in
section 327C.01.

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 21, 2000).]
 

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