Our landlord called and 35 min. later he was here while my husband was sleeping. When he entered the house, he found that we had pets that we were not suppose to have. As far as I know, it is against the law for him to do this. Can anyone help me out with this?
2006-10-23 11:40:37 · 16 answers · asked by duckie 1 in Business & Finance ➔ Renting & Real Estate
I believe there has to be sufficient notice, as in 24 hours notice. A landlord CANNOT enter at will. You're renting, it's by rights YOUR place as long as you are paying. If there is an emergency, ie broken pipes, then that is a situation that is acceptable. But coming over just to nose around is not.
Explain away the pets as pet-sitting for a friend for a short term. How will they know the difference?
2006-10-23 11:50:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It differs from state to state. But we live in California. And own a couple of rental properties. The law says that unless it is an emergency, we must give our renters 24 hours notice before entering the residence.
I understand you being upset. But if you are wanting to make a complaint against him or something of that nature, you are going to have to be careful, due to the fact that you have pets that are not supposed to be there. If you have a lease that states no pets. He could get nasty and try and evict you.
I hope this helps. Good Luck.
2006-10-23 11:53:59 · answer #2 · answered by Kali_girl825 6 · 0⤊ 0⤋
Not in California. Also, the lease or month-to-month agreement is going to have a 24 hour notice for entry written into the contract. But if you're not supposed to have pets, why do you have pets? If you have a rental agreement, the landlord can make you get rid of your pets or evict you by termination of your agreement. Why would you take that chance by renting a place where you can't have pets, since you do?
2006-10-23 12:28:42 · answer #3 · answered by linda z 2 · 0⤊ 0⤋
Depends on the laws in your state, and what your lease says. A lease generally outlines when/how the landlord has access. Generally, except in an emergency, wouldn't be allowed to just let himself in, but could knock on the door. He did give you notice though, and it sounds like you're hanging way out with the pets - you might not want to start a war with him, since he could evict you for breaking the lease.
2006-10-23 12:17:31 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
I would suggest you review your contract and check to see what it states regarding landlord inspection and maintenance of property. Generally landlords do have the authority to enter their property under exigent circumsntances or to inspect the property or repair the property but they must provide you 24 hour advance notice of an inspection. In an emergency they may enter the property but must provide notice that they did so and that notice must be left in a prominent location in the house (such as on the kitchen table or posted on the inside of the door). The landlord does not have the right to inspect the apartment without 24 hour advance notice.
This may differ based on your contract and state laws but generally speaking your landlord violated your rights as a tenant when entering your property without giving 24 hour advance notice of his intent to enter the property for inspection purposes.
2006-10-23 11:54:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
That depends on whether you said he could come over or not. If you said it was okay, then he could come over. However, you would need to answer the door. It's not exactly legal, but he can argue that you told him he could come over.
It is also against the law for you to violate your lease and have pets in your apartment. I suggest you call it a wash and find a new place to live that allows pets.
2006-10-23 12:15:01 · answer #6 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
You must have 24 hours notice. Period. Unless it is an emergency-- toilet overflowing-- he is required to give you this notice.
However that doens't mean those pets are scot free. Bummer- he really screwed you over. Maybe tell him you know he violated the law, so you'd like to comprimise and give him a pet deposit to keep the animals.
2006-10-23 12:01:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
he cant do that, he has to give you a 24 hour notice in writing posted on the door and in the mail before entering your apartment. the pets however do violate the lease agreement and that could lead to either the pets, or you guys to be evicted. =\
2006-10-23 11:50:10 · answer #8 · answered by cschmelzer83 3 · 0⤊ 0⤋
If he was entering the apartment to do a emergency repair...he was within his rights in most cases....check with your State or a Lawyer to see if your rights were violated....as far as the pets go....you are knowingly and deliberately breaking your lease...what he does about that is up to him....
2006-10-23 17:12:01 · answer #9 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
Even for maintenance reasons, the landlord MUST give you reasonable notice, usually 24 hours.
He definately broke the law.
2006-10-23 11:49:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋