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Unlawful Entry of Landlord

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M

M Fernandez

Guest
My landlord has been entering my apartment without my permission and with no emergency. I had confronted him last month and advised him he needs my permission. Well, unfortunately he did not listen and entered my apartment again today.

What stronger action should I take next?
 


B

Buddy

Guest
M Fernandez said:
My landlord has been entering my apartment without my permission and with no emergency. I had confronted him last month and advised him he needs my permission. Well, unfortunately he did not listen and entered my apartment again today.

What stronger action should I take next?


landlord says he is checking heat, faucet, and toilet.
 
W

Wgoodrich

Guest
Not a lawyer but am a landlord.

In my state the way that I understand it the landlord is allowed to enter an apartment if concern for safety or well being of investment is present.



If I have to enter one of my apartments it is with good reason and with an unbiased as possible witness to my entry. I believe that I have to give notice of a plan to enter unless some form of strong need is present such as an emergency, or concern for safety is present.

If you have a landlord just bopping in an out then get some proof then call the police. If you just call the police then it is your word against his and may not get very far.

Wg
 
M

M Fernandez

Guest
Wgoodrich said:
Not a lawyer but am a landlord.

In my state the way that I understand it the landlord is allowed to enter an apartment if concern for safety or well being of investment is present.



If I have to enter one of my apartments it is with good reason and with an unbiased as possible witness to my entry. I believe that I have to give notice of a plan to enter unless some form of strong need is present such as an emergency, or concern for safety is present.

If you have a landlord just bopping in an out then get some proof then call the police. If you just call the police then it is your word against his and may not get very far.

Wg

WG
My landlord enters the apartment occasionally. He has admitted to me that he does this last month after I confronted him. This past Monday, I set a trap which he fell into.

He is an elderly man very concerned about his property. I am hoping that all he does is check the faucet, toilet, and heat. But I still don't feel it is necessary for him to constantly come into the apartment to check these things if they don't need repair.

I will meet with my landlord tomorrow about his unlawful entry. I shall keep you posted with the results of the conversation if interested.

MF

 
M

M Fernandez

Guest
HomeGuru said:
Call the police and file a tresspassing complaint.
Homeguru,

This past Monday I set a trap which my landlord fell into it. I gave him a formal letter this morning, quoting the lease agreement "The Landlord shall have access to the apartment on reasonable notice to the Tenant. The Landlord may enter the apartment at any given time without notice only in a case of an emergency." I further explained that I didn't appreciate anyone entering my apartment without my knowledge and informed him that he was breaking the contract and law. I concluded that I would hope this matter be resolved so I would not have to take any further action. With this letter, I also included another copy of the lease highlighting the quoted paragraph.

I will meet with him tomorrow to discuss this issue. If he continues the enter the apartment without notice, I will take stronger action.

Thanks,
MF
 
M

M Fernandez

Guest
HomeGuru said:
M Fernandez, keep us posted.
We spoke earlier today. He was very surprised about my letter and wanted to explain why he goes up there. He did not want me to think that he was looking through my things. He said he was checking the heaters making sure enough heat was coming out of them and frequently he cleans the faucets to prevent drainage. He explained that some damage was done to the heaters from previous tenants spilling paint the the valves.

I repeatedly advised him that I really would appreciate him giving me notice when he needs to check these things. I gave him all the telephone numbers where I can be contacted. He can leave me a message, also.

Also, I explained that I would let him know if anything needed repair. There is really no reason for him to check the heaters every other week.

My landlord is an elderly man, who worries extremely. I know he is very concerned with the apartment. I have put a lot of work into the apartment and have increased it's value. I'm not a smoker either, which was a big concern for him since his previous tenant was a smoker. He really has nothing to worry about. The apartment is kept neat and clean at all times.

His live-in companion confirmed that he would make sure he gives me notice. She also explained that he doesn't mean any harm and is not looking through my things.

Anyway, it was a good conversation and I hope we have come to an understanding.

Thanks for your advice.
MF
 
M

M Fernandez

Guest
HomeGuru said:
Give him a little something for Christmas.
The most he will get from me is a card. I don't want to make friends with my landlord.
 

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