Landlord entering apartment without permission

[ErinGoBragh]

What is the name of your state (only U.S. law)? NY

I'm really, really frustrated with renting right now. Earlier this weekend, I left my home, saw my landlord walking towards my apartment, and said hello, thinking that maybe he was going to visit the downstairs tenants. When I returned, I found the door to the heater in the apartment open- he changed the filter on the heater (ignoring the fact that I've been on a schedule and changing it once a month as requested) and just changed it on Monday. I also saw that some medical papers had been rifled through. My boyfriend and my roommate are home for the semester break over two hours away, and I asked them if they were in the area to be sure, and sure enough, no, they weren't. I called my landlord regarding the violation of privacy, as well as another major issue I'm having; the power line coming from the utility pole to the house on the weather guard on the home is hanging by half a bolt (usually there are three large bolts) and on the verge of falling.

I'd called National Grid, our power supply company, to see if they could fix it, and they informed me that it was his responsibility to fix it. They also told me that a live line hanging like that in winter is a huge fire hazard and needs to be fixed immediately.

So anyways, I called my landlord, and told him a) that he needs to fix the power line, and b) that he needs to stay out of my apartment without notifying me first. Regarding the power line, he told me that he felt it with National Grid's responsibility, and that he already had to deal with flood damage from when our roof leaked into my apartment (not my problem!!!) and that the apartment was costing him more than it was worth (which I doubt). I also asked him why he had entered the apartment to change the filter without asking me prior for entry or if I had done it, and he said "I assumed you weren't." I asked him to not enter the apartment in the future without my or my roommates position, and he responded that it was his building and he could do as he sees fit- he also pointed out that there was a clause in the lease allowing him entry at anytime, but I told him on the phone I didn't recall that clause, and that the lease couldn't supersede the law in any case.

When I looked, sure enough, this elusive clause was not there. I am thinking about setting up a webcam to record when I am not home to see if he gets into the apartment again, but I am not sure what my recourse or the next steps are in regards to the power line and the entry without notice. Could you tell me how I should proceed? Any help you could give me would be great- we are in the lease until June, and my roommates and I need to stay until then since with school starting for them and my job coming off of break and involving lots of OT once that happens, I will not have time to move. We pay our rent every month, on time, and the only incidents we have had were a noise complaint lodged with our LL from the downstairs neighbor when we moved in at 10 PM on a Saturday because we had ~6 people over for a housewarming and they could hear us talking downstairs, and one other time when the people downstairs could hear me and my BF arguing in the middle of the day. Both of those were months ago though, with no complaints since, as we've been careful to keep the noise down.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? NY

I'd called National Grid, our power supply company, to see if they could fix it, and they informed me that it was his responsibility to fix it. They also told me that a live line hanging like that in winter is a huge fire hazard and needs to be fixed immediately.

That is a huge life safety issue. Immediately call your city/county code enforcement department, they will either make the utility company or the LL make the repairs. It all depends where the d-marc is located.


So anyways, I called my landlord, and told him a) that he needs to fix the power line, and b) that he needs to stay out of my apartment without notifying me first. Regarding the power line, he told me that he felt it with National Grid's responsibility, and that he already had to deal with flood damage from when our roof leaked into my apartment (not my problem!!!) and that the apartment was costing him more than it was worth (which I doubt).[/QUOTE]
You are correct, it is NOT your responsibility nor your problem if the house is costing him to much, that's the cost of doing business.

In order to legally force him to make repairs, you need to STOP talking to him and send WRITTEN requests for repairs via CRR. This will put him on a time limit as well as show proof of your request for repairs. Send two separate letters, one for the power line, and one to cease and desist his illegal entries.

For the entry letter, state you will report ANY illegal entry as a breaking and entering to the police and will name him as a primary suspect. Inform him he MUST give you the proper amount of time as outlined in your state LL/T laws, and he MUST PROPERLY NOTIFY you. Most stated deem a minimum of 24 hours and the notice MUST be in WRITING. If you come home and see him inside, wait outside, call the police and report the breaking and entering and state the suspect is still in the home.

If the letters come back unclaimed or un-opened, DO NOT OPEN them, as they are proof of your attempt to contact him.

I also asked him why he had entered the apartment to change the filter without asking me prior for entry or if I had done it, and he said "I assumed you weren't." I asked him to not enter the apartment in the future without my or my roommates position, and he responded that it was his building and he could do as he sees fit- he also pointed out that there was a clause in the lease allowing him entry at anytime, but I told him on the phone I didn't recall that clause, and that the lease couldn't supersede the law in any case.

You are correct, state LL/T laws supercede lease language.