I was in my sons room and saw my landlord drive by. I then heard a knock on the door.( like 2 seconds later) I knew it was him but I couldn't get to the door in time. As I was (finally) walking to the door, I heard it close. What gave him the right to be able to just open it up? I never heard him calling my name...and he had to hear me talking to my kids. This has me very angry...i wonder how many times he has just come in when he wants.
2006-12-06 08:33:05 · 12 answers · asked by StReSsOuT 2 in Business & Finance ➔ Renting & Real Estate
the LL need only post his intent to enter within 24hrs, he may not enter just to scout around and pa-rouse the premises.
He may enter at a moments notice in the event of an emergency like a broken water faucet etc. w/o notice!
the LL is in violation of your federal rights and you can have a case against him if you wish to speak to your attny.
2006-12-06 08:46:56 · answer #1 · answered by ticketoride04 5 · 0⤊ 0⤋
Under most state laws a Lessor has a right to enter the property with "reasonable notice" but not necessarily 24 hrs notice, in order to protect it if deemed necessary or to effect {emergency} repairs if necessary. That will vary state to state and lease agreement.
In most all states Lessees have the right to "quiet enjoyment" which means the Lessor can not arbitrailry enter and/or disturb the Lessee w/o just cause or prior notice during NORMAL business hours, say 9-5, M-F.
An elderly gent likely is a bit hard of hearing and may not have heard your conversing with the kids when you failed to answer the door knock. IF he was just "checking" on his rental unit he should have given you notice prior to coming by unless it was an emergency visit (plumming burst for example). If he was responding to a service request by you or your spouse, you indicated he did knock before entering which I think would hold up as reasonable evidence nobody was home.
Give the "good old sole" the benefit of the doubt and ask him to call before he comes to your apartment again explaining that it frightened you when you entered the room and he was there unexpectededly. Your delay in responding to his door knocking was likely longer than you realized.
2006-12-06 16:23:42 · answer #2 · answered by hithere2ya 5 · 1⤊ 0⤋
The law is different in every State but generally speaking a landlord must give you either 24 or 48 hours notice before entering the residence. However, the landlord may enter the residence at any time if there is an emergency situation (i.e. a water pipe has burst and you're not home).
Check your rental agreement. Most rental agreements will state when the landlord may enter the residence. Then write a letter to your landlord reminding him that he needs to give you notice before entering your residence. If your landlord continues coming into your residence uninvited and for no reason, you might want to consider moving.
2006-12-06 08:49:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
That would depend on what your lease says. If your lease gives the landlord the right to enter at any time, then they can enter at any time. Most leases however have a provision for the landlord to give notice before entering a rented property. However, even under these leases a landlord can enter at any time in an emergency. Read your lease and see what it says. If you don't have a lease, say a month to month rental, sit down with the landlord and lay down the rules. If you have the month to month and you haven't done this, you should have.
2006-12-06 08:44:14 · answer #4 · answered by Jim T 4 · 0⤊ 0⤋
No. Almost every state has vigorous laws that will defend tenants. I am a landlord in Vermont. We have to notify in writing and phone 48 hours prior to entry, or gain consent from each tenant if we want to go in earlier than that. Almost every law defends tenant's rights. Check out your lease as well. Maybe your landlord put something in it about entry. Find out if your state or city has a housing authority or a renter's assoc. and join it. You will be glad.
2006-12-06 08:43:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They must give at least 24 hrs notice unless it is an emergency like flames coming out a window. Go to the police.
2006-12-06 09:23:21 · answer #6 · answered by Anonymous · 1⤊ 0⤋
as long as your state requires notice, I would send a registered letter outlining your states law. Thats what I did when I was a tenant and the landlord was coming by to look around whenever he felt like it
2006-12-06 14:06:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No!! They have to give 24hrs notice, 1st knock and allow a reasonable ampunt of time before entering.
2006-12-06 08:42:27 · answer #8 · answered by moglie 6 · 0⤊ 0⤋
No, they don't. If they are going to let themselves into your apartment when you are not there, they have to give you at least 24 hours notice. Generally, they need to give you 24 hours notice before they come visiting as well.
2006-12-06 08:36:18 · answer #9 · answered by jseah114 6 · 0⤊ 0⤋
Even if your lease says he can enter at any time, if your state law prohibits it, the lease is illegal.
And I bet your state law prohibits him just walking in without at least 24 hours' notice. The only exception would be in an emergency.
Try searching nolo.com for your state's law.
2006-12-06 15:31:22 · answer #10 · answered by Liz W 2 · 1⤊ 1⤋