My apartment's rental office had found us in violation of not cleaning out our cabinets for an extermination, and we didn't know about the extermination. If they had sent someone into our apartment without our knowledge, or at least telling us why or when they would send someone in, is that breaking the law? Or do they have a right to enter our home anytime they want without telling us?
2007-04-25 04:52:53 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Legally, they have to give you 24 hours WRITTEN notice before they come in to your apartment. And they have to give you written notice of an extermination and instructions. How can they give you a violation notice,? Its not like they are the government.
2007-04-25 04:57:48 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It's been my experience that you have to be given advanced notice bofore anybody enters your home. But I don't think it matters if you want anyone in or not. The apartment building as a whole is not yours. You should read over your lease. But I'm pretty positive on this. My husband is an exterminator and he enters apartments all the time where nobody is home. But the tenants have prior knowledge of him coming. Also, the apartments have to be pretty well infested with bugs to have to move everything out of the cabinets. My husband only does that the 1st time he sprays a place. After that, he just goes in and sprays with everything in its place. I think it's a little harsh to give you a violation for that.
2007-04-25 05:00:51 · answer #2 · answered by malibutan 3 · 0⤊ 0⤋
In most states the landlord can enter your apartment only if it is put into the lease that he/she has the right it inspect the apartment at a reasonable time. (not 3am) Even with this landlord right, if he wants to send in exterminators and needs the cupboards cleared, he must give you notice as to the time or day. Since it would be a third party entering your apartment, you should have the right to secure any valuables that might be laying around. Most leases gives the tenet the right to peaceful enjoyment of the leased property. So if your lease has that right inserted in it and the landlord allowed a third party in with out your knowledge or permission and there was no Emmit emergency ie; fire, gas leak or water leaking, he/she has in fact at the least broken your lease agreement and you therefore can take him to court for any damage or inconvenience caused to you.
2007-04-25 05:56:01 · answer #3 · answered by Jim S 1 · 0⤊ 0⤋
I'm no lawyer, so take this with a grain of salt. . .
Check your lease, see what it says. I'm all about CYA, so before I sign, that is one of the big things I look for in a lease. All apartments that I have seen have a clause so that they can enter in cases of emergency and maintenance. Check the wording very carefully, I always modify the lease before I sign it. Also, I advise my complex that no one is to be in my apartment including maintenance unless I am home. Some complexes are ok with that, others won't let you move in if they see you modifying the contract (It's a legal document between you and the comlex, don't forget that). That's when it's time to walk away. If they have terms that you disagree with, and they won't compromise with you to reword the contract, it's time to walk. Most complexes have a provision to allow maintenance to go in at any time for maintenance, some even have an open statement allowing them to enter and 'inspect' your apartment at any time. Check your lease!
As far as the cabinet thing goes. . . Are they trying to charge you a fee or something? Usually the exterminators where I'm at just throw down traps, and might spray along the edges.
2007-04-25 05:03:47 · answer #4 · answered by Cougar_SRC 2 · 0⤊ 0⤋
Most landlords reserve the right to enter in the line of preforming routine maintenance. As far as moving items prior to or for extermination that's a little far fetched to call that a violation. Check your lease. Good luck.
2007-04-25 05:00:00 · answer #5 · answered by RICHARD W 3 · 0⤊ 0⤋
It Depends, if the extermination is a monthly occurance that happens on the same day every month, they might have you. if this was a one time situation and they didn't send out notification within a reasonable time frame, you might have them. I find in these situations that they win most of the time. Unless your willing to find a lawyer and pay a retainer, nothing will come of this except late fees on the fine. Pay the fine, and start looking for a new appartment.
2007-04-25 05:05:30 · answer #6 · answered by The Forgotten 6 · 0⤊ 0⤋
It depends on what your lease states; some have a freedom of entry, others have to give you "reasonable" notice. Usually if it's for extermination they just have to let you know but do not need permission.
And they have to prove they sent out a notice to you to clean out your cabinets for the extermination.
My experience is that most of these people are just greedy bastards who are trying to trick you into paying them for something you don't owe them for.
2007-04-25 04:56:20 · answer #7 · answered by Waiting and Wishing 6 · 1⤊ 0⤋
Check your lease. They have the right to enter, and notifying you is a courtesy. But if your lease states that they will notify you before entering your apartment, and they did not, they are in violation of your lease.
I think that you need to discuss things with your rental office, and bring a copy of your lease when you meet with them and discuss this in a rational manner. If it is found that they don't need to notify you prior to entering, I would pack and move.
2007-04-25 04:58:51 · answer #8 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
I was under the assumption they can't go in without permission. If smoke detectors were being checked for example there should have been a notice saying they will have to go in and why. If you are able stay there while they do their work. You have a right to privacy
2007-04-25 05:49:04 · answer #9 · answered by sweet_blue 7 · 0⤊ 0⤋
I'm not a lawyer, but i think they were supposed to inform you. like poster #1, i also think that they are trying to screw you. ARE THEY ASKING YOU TO PAY FOR THE 'CLEANING'?
it may depend on what state or country you live in
2007-04-25 04:56:33 · answer #10 · answered by robert2020 6 · 0⤊ 0⤋