is lease violation for not preparing apartment for landlord entry legal?

Question

I just got a landlord's notice of entry. They claim that it is "URGENT" and "requirement" that I test my smoke alarm and stove and call them before the inspection if either is not working, that I remove any cords going from one wall to another (don't have any - no problem), and that I remove all boxes, furniture, or other materials that may be blocking windows, doors, and electrical panels before the inspection. They say if these things are not done, it is a lease violation and consequences will be applied. First, I don't recall any lease stipulation that requires I do any work to prepare for any unwanted entry. Second, can they legally require me to do all of these things to prepare for an inspection? The inspection is scheduled to occur on one of three days and there's no way I can move all furniture away from all electrical outlets and live like that for three days. And why should I inspect my stove and smoke alarm myself - that's their job! This will be the 2nd inspection in 1 mo!

My neighbors in the building have also received these notices so it isn't about me specifically. I just wanted to know if it is legal for them to require me/us to do this work prior to inspection. The apartment is too small to move all of the furniture away from each wall (there are 4 outlets per room) and be liveable for 3 days or anywhere near safe, with cords laying about and stuff. I think the first inspection is to prepare for the second. The apartments are crappy with mold and plumbing leaks and electrical shorts that they don't repair. I suspect the first is the property manager and the second is for section 8 qualification, but they don't say at all. Can they legally punish me for not doing all this work to prepare for their inspections?

Answer 1

are you sure the building is not under a sales contract?

ask why this second inspection is urgent. is there any question of code violation issued by the city?

i don't know how you test your smoke alarm without putting yourself in danger from breathing in smoke without the battery in the smoke alarm. ask your landlord how you test it and see what he tells you. i am quite interested to know.

how are you supposed to test your stove? ask him. what? turn on the burners? turn the gas on? see if it lights? prepare for an explosion to kill yourself in case you don't do it correctly?

just who the heck does he think he is? i think this is an inspection for a buyer. ask him. ask him if he sold the building. and know this: if the answer is yes, your lease stands the way it is--purchases of real estate are subject to the existing leases no matter how much more the buyer wants for your apartment.

why would anyone have (? electrical ?) cords running from one wall to another? are these telephone cords? if so and they are hard wired, why should you touch them? what does he mean? does he mean an extension cord running from an outlet to an appliance? does he speak english?

i never heard of any lease that requires that you move furniture for it. read your lease. if this is a city inspection, it may say you must, but it will be written in it.

the only lease violation that i know of (specfically in regard to the question you post) is that you bar your landlord access from your apartment. it can be immediate access if it's an emergency, such as you went out leaving a bath tub overflowing. or usually, it is entrance to fix something, for which they are obligated to notify you in advance. at least as well as i know attorney-approved, or standard, preprinted leases, this is always the case. but you may have a non standard lease, so read it.

since when would a standard lease say that they can come in on any one of three days (without your knowing when), so that you are inconvenienced for three days?

what consequences? ask him.

something stinks in denmark. all you can do is ask questions after you read your lease again. if you have problems, call the city's landlord-tenant relations department. or call the department of inspections and ask them who you talk to. but read your lease first.

i wish you much more courtesy than this!

legally what you must do is written into the lease and that is all.

Answer 2

The City that I live in, all Landlords have to have a Business License and the City requires annual inspections. I would think if this is the case for your Landlord, maybe he didn't pass the inspection the first time, hence the second inspection.
I don't know about you, but I would rather check the smoke alarm myself, for my own safety. A Stove/Furnace, it would seem like they should be checked by a professional. If you have a gas stove/furnace really all you could do is check for an odor, other than that Electric or gas you could see if it turns on/off when you change the controls for the burners or thermostat. That really does not mean they are working properly.
I would feel the less time they spend in my apartment/house the better.

Answer 3

In my lease agreement it states that the tenant is responsible for the maintenance of the smoke alarm. It also states that if there is any odor of gas from stove or furnace, that we are notified immediately. The landlord does not live there, so as time passes, he doesnt know if the smoke alarm works or if there are any other problems, unless you notify him.
The first inspection was probably his own one. I do the same thing. 2 weeks before my city inspection, I inspect the property to see if there are any repairs needed, (that havent been reported to me,) that I need to address before the inspection. This includes overloading the wall sockets, windows leaking (reason for furniture to be moved away from windows) looking for evidence of bugs or rodents (messy tenant), or any other reason a city inspector might come up with to withhold my license. Since the tenant lives in the apartment (I dont), it IS up to them to make the necessary preperations for the inspection. This means them putting the batteries back in the smoke detectors and making sure that they work, double checking the stove, making sure all wall sockets work and notifying me if they dont, letting me know if there are other problems.
City inspectors are hard to please. Alot of them are picky. Something as simple as a light bulb being out can set them off.
It is up to the tenant THAT LIVES THERE to take care of these items. That is, unless you want your landlord to check your apartment EVERY DAY!!
So, that being said, do what your are required to do. These things are in place to protect you, so stop griping. They are not telling you to move the furniture into the middle of the room. Just a few inches away from the wall so the inspector has access to them without moving your furniture themselves. (They arent allowed to). He must check every outlet.
You have a choice, comply with the requirements, or get evicted. Yes evicted. You are preventing him from allowing a city inspection (by law) to effectively happen correctly. If that happens and the inspection fails because of you, I can guarantee that you will be out of the apartment VERY quickly.

Answer 4

There must be some reason why there is a second inspection in just a month. I'm sure your landlord must be in violation of some fire codes. Just make sure that you try to comply with his requests and let them come in to conduct their inspection. The consquences will be his, not yours. You don't own the building, your landlord does. He is trying to intimidate you. Legally, he needs to give notice that he needs entry to your apartment. Don't move all the furniture away from the wall, just pull them out so they are not against the outlet. Keep your exits clear as they are your means of escape in case of a fire. Sounds pretty suspicious to me. I would be there when the inspection is being done in my apartment in case I have any questions.

Answer 5

Landlord/tennant rights are a two way street and they vary by state. You must check with your local regulating agency. You should be able to find this on the HUD website (if your not in the US, your Housing Dept. might be different). Otherwise, with proper notification the landlord can enter your property within reasonable times and with reasonable cause. Everything sounds reasonable in your case, however, if your lease doesn't lay out specifics on moving furniture, etc. it will be likely be impossible for the landlord to hold you accountable for not doing it. I suggest calling the landlord and talking this situation out.

Answer 6

lol sounds like either they think your place is not safe or you are not a safe tenant or they just like to come and visit you and don't know how to break the ice.
I've never experience such harrasment unless it is justified, if it is justified then for the landlord to avoid giving you constructive eviction he must make sure that your place is habitable, safe and healthy to live in. Other wise I don't know why they are doing it.