Landlord unlawfully entered my rental, now I want out. How do I proceed properly?

[LasVegas]

What is the name of your state? Nevada

Earlier this week I was approaching my condo complex when I witnessed a man leaving my rental. I did not recognize him, but he locked the door behind him. I suspected he was acting on behalf of my out-of-state landlord, but was nonetheless very disturbed. Nothing inside was missing or displaced, as far as I could tell, or I would have made an immediate police report.

I emailed my landlord in a panic. She informed me that she had sent the man over to "check on the unit"... But she didn't give me any notice whatsoever. If I hadn't seen him in the act myself, I'd have never known he was there. There was no emergency. According to our lease (and NV law) the landlord must give 24 hour notice prior to entry.

I'm a young female student renting alone in a low-income, crime-ridden area while I attend a university within walking distance. I've already felt very unsafe coming and going from the complex-- there are drunks and druggies wandering around all hours of the night. Most of the residents are single, middle-aged men. There are security bars on the door and window and I have to open four locks just to get inside.

By entering my unit on a whim, my landlord destroyed what small sense of security I felt when I was "safely" locked inside my unit. This week I've been constantly wondering if and when that man (who is just her other tenant who lives in the complex) is going to "drop by" again. I don't feel safe at all. In fact, if he had entered my condo just 10 minutes later, I would have been stepping out of the shower! (Can you imagine??)

I'm two months into a six month lease. According to NV law, (http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec500) unlawful entry entitles me to terminate the rental agreement. So here's my question:

What is the procedure to properly terminate my lease on account of this breach? I am unwilling to stay here any longer.

Am I supposed to give thirty days notice via certified mail? I can't even do that. My landlord never gave me her mailing address even after I requested it via email on June 7th. According to NV law, that's another violation: http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec260

What can I do?

 

[FarmerJ]

Call your county govt center general info number and ask them for the property tax desk. Once you get your countys property tax records area give the units address and zip and ask them to tell you where the property tax statements are mailed to and to whom. and who the owner of record is. Its public information. Your Landlady can try to hide but it wont work. Once you have the address , I know you said you want to move but I suspect for a court to agree with you that you will need proof. so consider buying a motion based mini web cam that can be hidden and record the entry area every time someone enters. GET proof . Once you have the LLs address consider sending her a letter certifed mail warning her that now your aware the unit is being entered with out proper notice you have allready have a hidden camera to record all entry to the unit and if you dont get proper notice of a non emergency entry your going to sue her for violating the state law and ask the court for the penalty as well. If you really want to put her on edge pay a real estate atty to do the letter for you. See the whole thing is that your going to have to prove the violation of the law.

 

[ezduzit]

FYI - next time you rent a place, the first thing you must do is change the locks.

 

[treese]

FYI - next time you rent a place, the first thing you must do is change the locks.

That is not advisable, unless the tenant has written permission from the LL AND gives the LL a copy of the key. The LL MUST have access in case of emergency.

 

[xylene]

Your landlord sounds like an evil slum-lord.

Go down to Kmart, or any other big-box or hardware store.

Ask for a product called a "New York Doorlock"

It is a heavy duty bar, with a ratchet and rubber feet. it costs between 10.99 to 24.99 (any more an you are being ripped off!)

It braces the door shut, and makes opening the door when you are inside and the NY Doorlock deployed, NEARLY IMPOSSIBLE.

It is a great security item, requires not installation, doesn't damage the door, and you can take it with you when you move.

 

[LasVegas]

See the whole thing is that your going to have to prove the violation of the law.

I already have proof.

I emailed her right after I saw the man walking out of my unit, I asked who he was and that I was very concerned.

She emailed back "it was [name of acting manager] i asked him to check the unit
i told you he has a key"

That was all she said in the email.

She didn't deny that she sent him in the unit.

She didn't claim to have given me notice-- she didn't GIVE me notice.

She did tell me several weeks prior that the man had a key (I never met him and didn't know what he looked like)... but telling me that a manager has a key does not suddenly grant open access to my unit.

So with proof in hand, how do I proceed? I'm going to check into a hotel this evening. I am not staying there any longer.

 

[LasVegas]

Ask for a product called a "New York Doorlock"

Thanks for the tip, I will keep that in mind for future rentals, but I am out of this one today.

 

[xylene]

NRS 118A.330 Landlord’s access to dwelling unit.

1. A tenant shall not unreasonably withhold consent for the landlord peaceably to enter into the dwelling unit to:

(a) Inspect the premises;

(b) Make necessary or agreed repairs, decorating, alterations or improvements;

(c) Supply necessary or agreed services; or

(d) Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.

2. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

3. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency, the landlord shall give the tenant at least 24 hours’ notice of intent to enter and may enter only at reasonable times during normal business hours unless the tenant expressly consents to shorter notice or to entry during nonbusiness hours with respect to the particular entry.

Your case is not as open andd shut as you think.

The lanlord will claim it was an emergency AND/OR that notice was given.

An inspection could be based on an emergency...

And that she did not say anything in the email about notice... doesn't mean she didn't.


I hope everything goes good for you, but I have to play devils advocate and point out that you make no secret of your disatisfaction with the complex in the first post... further 4 locks does not prove the complex is insecure, quite the opposite.

Perhaps your university has resources to help you as a student.

 

[ezduzit]

The LL MUST have access in case of emergency.

In the event of an emergency, the locks can be broken, or the door removed.

Changing the lock will prevent unwated entry to the apartment.

 

[LasVegas]

Your case is not as open andd shut as you think.

The lanlord will claim it was an emergency AND/OR that notice was given.

An inspection could be based on an emergency...

And that she did not say anything in the email about notice... doesn't mean she didn't.


I hope everything goes good for you, but I have to play devils advocate and point out that you make no secret of your disatisfaction with the complex in the first post... further 4 locks does not prove the complex is insecure, quite the opposite.

Perhaps your university has resources to help you as a student.

The landlord and I have been primarily communicating via email. She gave me notice via email once before when she was going to have someone check on the unit (before I had arrived last month from another state), but there is no email record of her giving me notice this time. I don't think she will claim otherwise because she has no written proof. She had even emailed me earlier that day and mentioned nothing about sending someone over. No recent calls according to phone records either.

If there was an emergency, she probably would have told me as much in her response, i.e. "we thought there was a gas leak..." etc. For her to claim there was an emergency now would look suspicious in court (if it comes to that).

 

[FarmerJ]

Have you contacted your clerk of the court to learn IF Emails are allowable for evidence , Emails all though nice to have dont provide the same kind of proof that old fashioned written letters sent in certified mail would. Go ahead and use the links up top and speak with a realestate atty to get a opinion. Mine is` with out MORE proof your gonna have one hell of a time convincing a Judge that you should be let out of a lease once your LL sues you for breaking the lease ` likely the LL will do just that. INC asking the court for rent for the amount of time the unit sits empty while they try to find a new customer and other cost related to re renting the unit.

 

[Zigner]

In the event of an emergency, the locks can be broken, or the door removed.

Changing the lock will prevent unwated entry to the apartment.

Yes it will, however it is almost always a breach of the lease. Why are you advising people to breach their leases?


EDIT:
*If* the locks are changed in violation of the lease and there actually IS an emergency, then the lessor will also be liable for the damages caused when the lock is broken.

 

[ezduzit]

Why are you advising people to breach their leases?

The real question is: Why are you accusing me of advising her to breach her lease?

I'm not aware that changing the locks is a breach of her lease, since I have not read her lease.

 

[LasVegas]

dont provide the same kind of proof that old fashioned written letters sent in certified mail would.

I agree, but I do not have her mailing/home address. I asked her for it via email a month ago and she never sent it to me. She lives on the East coast, this rental is in Nevada, and I was previously living in the midwest. The lease was originally handled via email/fax.

When she mailed me my keys and documents, she sent it from a friends UPS account. The return address on the envelope is not her address, it's an unaffiliated business-- a hardware store or something.

Nowhere on the lease does she list anything but her full name. That is a a lease violation again:

http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec260

--I'm supposed to have her contact mailing address, and I don't.

I found this section under remedies:

http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec350

It states that I must give written notice when a landlord breaches the rental agreement and allow 14 days for the landlord to remedy the breach, at which point I can terminate the agreement.

But how do you remedy an unlawful entry?

According to NRS 118A.500, "if the landlord makes an unlawful entry... the tenant may... terminate the rental agreement."

It does not say how to go about termination.

This was the reason I originally posted this thread-- what is the procedure for termination in this case?

My rent will be due again on the 1st and I want to do this properly.

 

[FarmerJ]

For the 2nd time >>>>>>>>>>>>>>>>>>>>>>>>>>Call your county govt center general info number and ask them for the property tax desk. Once you get your countys property tax records area give the units address and zip and ask them to tell you where the property tax statements are mailed to and to whom. and who the owner of record is. Its public information. <<<<<<<<<<<<<< that is going to bne her address . No matter where shes living the address where those go to is her address.