Update to landlord evict issue. Am I protected by law?

Question

I went home and checked my lease. "Landlord shall have the right at all reasonable times during the term of this agreement to enter the premises for the purpose of inspection..."

What is reasonable times? With this said in the rental agreement can she just come by at any time and demand to come in? Or does she have to give some notice?

she also served us with papers yesterday, saying we did not pay our rent (Its not due until 01 Sep, All rent is paid up-to-date) and broken contract (the fact that we told her to come back tomorrow at 1)

Answer 1

States have laws specific to lawful entry....in AZ, for example, I have to give my tenant two days notice in writing....

If you have proof that you are current w/ your rent.....then she is harassing you.....even if you are behind....landlord has very law specific steps to follow to evict you....google your state and landlord/tenant laws and you'll be able find out what your landlord has to do.....EVEN if she put in your lease that she can enter your property at ANYTIME, if that violates your state law she cannot enter, if she does....march yourself down to the local small claims court and request a hearing.....Judges hate landlords and would easily fine them for violating state law. If she tries to enter w/out proper notice you can tell her no.

You have rights....Excercise your rights. I'd go to Court today if she has given you notice in writing that you're late w/ rent and you have proof that you are not...

Answer 2

Don't know what you are asking about but I would say that even if you were successful in court do you really want to rent from this person?

I wouldn't respond to any notices to vacate. That would force her to file an eviction. If she already filed an eviction, I would definitely show up and make her face a judge, especially if you are current and haven't done anything wrong. She is going to look pretty foolish and will get an earful from a judge for wasting his time. Not to mention the cost and expense. I would ask for damages for having to appear.

As far as what is "reasonable times" normally that is between 8 and 5 pm but it should be accompanied by reasonable notice as well. If that is what she is claiming that your breach is then she doesn't have much of a case. Contracts are held in favor of the non writing party, so all you have to do is insist her entry was not convenient or reasonable at the time. Unless the inspection was for an emergency of some sort, no judge is going to side with her especially if she just surprised you with the inspection.

Answer 3

Reasonable times are with notice not just anytime she demands to come. Were the papers from the courts or her typed up papers. She can't serve you for not paying rent if you are up to date and not due yet. Do the papers she gave you have a date? If she put a false date on them then I would make a copy for your records then seal the original in an envelope and mail then to yourself. Do not open them. Later this will be proof that she falsified dates because you can take the unopened letter to court and show the date it was stamped by the post office as a legal date.(shows she lied about the date) The date on the envelope will be before Sept 1 if you work fast. Check your lease and make sure your due date is the first of the month and not the last of the month. Talk to a lawyer. He can advise you on what you can do to make her stop. Good Luck.

Answer 4

The clause is too vague to interpret very well. It sure looks like you did not read the contract and if you did you had no understand of what it meant. If you feel you haven't done anything to cause this kind of treatment then it would be a very good idea to get out and now. If you do stay even if legally she most likely will continue to cause you problems. Is it worth all that trouble. If there is a legal aid office in your city then go talk to them. Most of the time the first visit is free and quite often you get enough information to proceed legally. If you really are poor then they will help you at no cost. Be sure to read the next contract and understand it. you also can have items altered some if they are too vague and can be troublesome.

Answer 5

What do you mean by "served us with papers"? Court papers or her own personal notices? If she filed a false complaint in court, you could threaten her with criminal charges. I did that once years ago and I think the charge was malicious prosecution.

Reasonable times would mean with reasonable notice and not with unreasonable frequency because no one is obligated to let others intrude at whim unless there is an emergency. You don't give up your right to privacy just because you signed a lease. Any ambiguity in the document will be in your favor, not hers.

I wouldn't worry about this if I were you. If she takes you to court, she won't win.

If I were you, I would hire a lawyer to write her a letter and put her in her place. She's trouble and you need to have her stopped before she makes your life miserable. The cost will be well worth it.

Answer 6

You can go to your state's website, and click on tenants rights. It will tell you there what rights you have in that state. In the state of Washington, the Landlord has to give you a 24 hour written notice for any and all inspections.
Check it out. Good luck.

Answer 7

Reasonable times are day-light to sunset- having paid your rent- the landlord has no reason to demand into or onto your personal property unless need of repair...what contract, if any, did you break? I would not renew with this one.

Answer 8

pay on Sept 1st and let her try and evict you, if she refuses the rent note when you tried and paid and keep the monies ready

when she goes to court to evict and says either you did not pay Sept or she refused you will have proof either way and be prepared at that very moment to pay rent the judge will make her take the rent

also depending on the state you live in that provision in her lease may be illegal in your state

Answer 9

yeah im think you wlll be protected by law.