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Is there a way to stop the maintenance guy to entre the apartment due to OCD?

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AJ2020

New member
What is the name of your state?TN
I have severe cleaning OCD ,and I currently own a home that I want to sell, because of my situation I want to rent an apartment so I can put my house for sale.
Is there a way to ask the management companies not to come inside the apartment for routine check up.
I can replace the filters and spray for bugs myself .In our area almost all apartment building have the same rules, coming inside to change the AC filter,..... once a month.
I would appreciate any help or ideas .

Thanks
 


Just Blue

Senior Member
What is the name of your state?TN
I have severe cleaning OCD ,and I currently own a home that I want to sell, because of my situation I want to rent an apartment so I can put my house for sale.
Is there a way to ask the management companies not to come inside the apartment for routine check up.
I can replace the filters and spray for bugs myself .In our area almost all apartment building have the same rules, coming inside to change the AC filter,..... once a month.
I would appreciate any help or ideas .

Thanks
You can ask if they will accommodate your OCD needs, but they are not required to. If they agree to this you should ask it be apart of the lease language.
 

Taxing Matters

Overtaxed Member
You can ask if they will accommodate your OCD needs, but they are not required to.
Actually, the landlord may need to do something to accommodate the OP here. Under the Fair Housing Act, as amended, most landlords are subject to a requirement not to discriminate against tenants because of a disability and to accommodate that disability if doing so would not cause undue hardship on the landlord. Moreover, landlords subject to act must also allow disabled persons to make reasonable modifications to the leased premises at the tenant's expense if the modification is needed to allow the disabled person to full enjoyment of the premises given the disability. More on the rights of disabled person in housing is available from U.S. Department of Housing and Urban Development (HUD)'s page on reasonable accommodation. Given the OP's severe OCD, I think it likely that a landlord would need to provide some accommodation here, even if it might not be exactly what the OP is looking for. For example, the landlord could allow the OP to do the cleaning, filter replacements, etc., himself/herself but still reserve the right to inspect every so often (maybe every 3 or 6 months or whatever is reasonable) to ensure that the OP is in fact doing it. That might be a good way to balance the needs of both.
 

Just Blue

Senior Member
Actually, the landlord may need to do something to accommodate the OP here. Under the Fair Housing Act, as amended, most landlords are subject to a requirement not to discriminate against tenants because of a disability and to accommodate that disability if doing so would not cause undue hardship on the landlord. Moreover, landlords subject to act must also allow disabled persons to make reasonable modifications to the leased premises at the tenant's expense if the modification is needed to allow the disabled person to full enjoyment of the premises given the disability. More on the rights of disabled person in housing is available from U.S. Department of Housing and Urban Development (HUD)'s page on reasonable accommodation. Given the OP's severe OCD, I think it likely that a landlord would need to provide some accommodation here, even if it might not be exactly what the OP is looking for. For example, the landlord could allow the OP to do the cleaning, filter replacements, etc., himself/herself but still reserve the right to inspect every so often (maybe every 3 or 6 months or whatever is reasonable) to ensure that the OP is in fact doing it. That might be a good way to balance the needs of both.
You are, of course, correct...my apologies to @AJ2020 .
 

Zigner

Senior Member, Non-Attorney
What is the name of your state?TN
I have severe cleaning OCD ,and I currently own a home that I want to sell, because of my situation I want to rent an apartment so I can put my house for sale.
Is there a way to ask the management companies not to come inside the apartment for routine check up.
I can replace the filters and spray for bugs myself .In our area almost all apartment building have the same rules, coming inside to change the AC filter,..... once a month.
I would appreciate any help or ideas .

Thanks
How does OCD translate to not being able to tolerate having a person occasionally check in on the apartment and perform routine maintenance?
 

AJ2020

New member
How does OCD translate to not being able to tolerate having a person occasionally check in on the apartment and perform routine maintenance?
I don't considered them clean, and I know after they leave I have to clean everything they touched and everywhere they walked.
 

AJ2020

New member
Actually, the landlord may need to do something to accommodate the OP here. Under the Fair Housing Act, as amended, most landlords are subject to a requirement not to discriminate against tenants because of a disability and to accommodate that disability if doing so would not cause undue hardship on the landlord. Moreover, landlords subject to act must also allow disabled persons to make reasonable modifications to the leased premises at the tenant's expense if the modification is needed to allow the disabled person to full enjoyment of the premises given the disability. More on the rights of disabled person in housing is available from U.S. Department of Housing and Urban Development (HUD)'s page on reasonable accommodation. Given the OP's severe OCD, I think it likely that a landlord would need to provide some accommodation here, even if it might not be exactly what the OP is looking for. For example, the landlord could allow the OP to do the cleaning, filter replacements, etc., himself/herself but still reserve the right to inspect every so often (maybe every 3 or 6 months or whatever is reasonable) to ensure that the OP is in fact doing it. That might be a good way to balance the needs of both.
Thank you very much for your advise, I will look in to it.
 

zddoodah

Active Member
Is there a way to ask the management companies not to come inside the apartment for routine check up.
Is there "a way to ask"? That's not really what you intended to ask, is it?

You're obviously free to ask for anything you like. If your landlord is willing to agree, great. Do landlords in your area really enter leased premises on a regular basis for "routine check up." I've never heard of such a thing. Normally, a landlord (or the agent of a landlord) won't enter leased premises except at the tenant's request or in the event of an emergency. In fact, as a general rule, a landlord has no right to enter leased premises except as provided by law. Tennessee law in this regard is generally consistent with that of most states.
 

Zigner

Senior Member, Non-Attorney
Is there "a way to ask"? That's not really what you intended to ask, is it?

You're obviously free to ask for anything you like. If your landlord is willing to agree, great. Do landlords in your area really enter leased premises on a regular basis for "routine check up." I've never heard of such a thing. Normally, a landlord (or the agent of a landlord) won't enter leased premises except at the tenant's request or in the event of an emergency. In fact, as a general rule, a landlord has no right to enter leased premises except as provided by law. Tennessee law in this regard is generally consistent with that of most states.
The first thing in the law you posted is this:

(a) The tenant shall not unreasonably withhold consent to the landlord to enter onto the premises, including entering into the dwelling unit, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the premises to prospective or actual purchasers, mortgagees, workers or contractors.

In other words, the LL is specifically allowed to enter the premises for inspections.

ETA: This is different than in California. I believe (but haven't confirmed) that California does not allow for routine "inspections", while many other states do.
 

Taxing Matters

Overtaxed Member
Do landlords in your area really enter leased premises on a regular basis for "routine check up." I've never heard of such a thing.
Perhaps in your state that's not permitted or you've just never rented an apartment from a landlord that does periodic inspections. But I have rented apartments in several states and in each of them the apartment management would indeed enter all the apartments on a set schedule (most commonly 1-2 times a year) to inspect the units. Such inspections were not prohibited by the applicable state law, and the inspections were justified on the grounds of protecting the landlord's interest in ensuring that the property was not being damaged, was not in need of repair, and that the tenant was using the premises consistent with the terms of the lease. In short, this sort of thing is very common in states I've lived. I can't imagine a landlord NOT doing this unless it was not permitted by the applicable state law.
 

Zigner

Senior Member, Non-Attorney
Perhaps in your state that's not permitted or you've just never rented an apartment from a landlord that does periodic inspections. But I have rented apartments in several states and in each of them the apartment management would indeed enter all the apartments on a set schedule (most commonly 1-2 times a year) to inspect the units. Such inspections were not prohibited by the applicable state law, and the inspections were justified on the grounds of protecting the landlord's interest in ensuring that the property was not being damaged, was not in need of repair, and that the tenant was using the premises consistent with the terms of the lease. In short, this sort of this is very common in states I've lived. I can't imagine a landlord NOT doing this unless it was not permitted by the applicable state law.
I believe zddoodah hails from CA, and we do not allow that.
 

quincy

Senior Member
This is part of the landlord/tenant law that can apply to AJ2020 - Tennessee Code section 66-28-304(c):

https://law.justia.com/codes/tennessee/2019/title-66/chapter-28/part-3/section-66-28-304/

I think most landlords would be happy to let their tenants take care of minor routine maintenance. Before we hired a property management company, I would get calls from tenants to change light bulbs and replace batteries in smoke detectors. :)

AJ2020, you might ask the landlord agree (in writing) to let you take care of the routine tasks. You might find you don’t even have to mention your OCD to get the accommodation.
 

AJ2020

New member
This is part of the landlord/tenant law that can apply to AJ2020 - Tennessee Code section 66-28-304(c):

https://law.justia.com/codes/tennessee/2019/title-66/chapter-28/part-3/section-66-28-304/

I think most landlords would be happy to let their tenants take care of minor routine maintenance. Before we hired a property management company, I would get calls from tenants to change light bulbs and replace batteries in smoke detectors. :)

AJ2020, you might ask the landlord agree (in writing) to let you take care of the routine tasks. You might find you don’t even have to mention your OCD to get the accommodation.
Thank you Quincy .I think I should get it in writing as you said.
 

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