Can a landlord enter your apartment without asking because it is raining and they "have" to shut your windows

Question

It does not state anything in the agreement about being able to enter at any time.

I am in Wisconsin

They knew the windows were open because they live downstairs. It was nice of them to do it but I was only gone at work not on a weeks vacation. They have my cell number I don't understand why they just wouldn't have called and asked if it was okay, or if I would do it. I only left them open becasue I am upstairs and there is no air conditioning or flow. When I got home that night it was 84 degrees in my apartment:(

Answer 1

No!! They can only enter if its an emergency or life threatening circumstances. If the tenant is entering your apartment for lesser reason, tell him or her that you will seek legal reparations if it occurs again.

Answer 2

WOW! I can see you would be a tenant I would be happy to see leave. What a self centered whiny brat!

Probably in the strict interpretation of the law, no the landlord probably shouldn't come in and shut your windows and I wouldn't next time but you can bet I would make note of the next time it rained and the windows were open and whether you promptly and properly dealt with any water that came in as a result of the windows being left open. Sorry about any clothes, furniture, electronics or personal items ruined by the rain. Courtesy? No, I just follow the strict letter of the law. Oh and make sure you get ALL the water cleaned up, I would hate to have to charge you for mold & mildew remediation since you don't want your windows closed in a driving rain and "you are just at work and not on vacation"

Of course, the other question is what are you going to do about it? Try to break you lease? Sue me? I can see this one in court. Your honor the landlord entered my apartment and closed my windows when it was raining!

As I said, buh bye, good riddance, have a nice day, don't write, just hit the road and don't look back.

And people wonder why landlords aren't "nice", its because of people just like you.

Answer 3

This all depends on what your lease agreement says. I lived in an apartment where the lease stated that at "any given time" the landlord may enter the premises. I can see why they would want to shut your windows, if it was raining...they didn't want any water damage. Unfortunately, when you rent an apartment, the apartment doesn't actually belong to you, and there will always be someone else that has a set of keys and a right to enter.

Answer 4

Do you have a lease? Does it state that the landlord may enter to inspect or otherwise without permission of the tenant? What state are you in.. the laws are different by the state.
Chances are.. that landlord knew that they had access without getting in trouble. What exactly did the landlord find??? If (for instance) he went in and found that you had a marijuana field in the back bedroom then even if it went to court the landlord would probably win.. get it?

Answer 5

A landlord normally needs to give notice -- typically 24 hours -- to enter the property for routine purposes. For emergencies or to preserve the property, no notice is required.

The only question is, does an open window constitute an "emergency" if it's raining? If it was MY property, I'd say Yes! Leaving a window open while it's raining will cause water damage to the property. I have a right to enter the property to prevent damage to it. (And it would probably protect YOUR stuff, too, so quit complaining!)

This is normally stipulated in state law. If your agreement doesn't specify a notice period for the landlord to enter, state law applies.

Answer 6

Hi,
Maybe you could look at it this way. Could you drive through a car wash with your windows down? Probably but you could ruin your interior, so you'd be very likely to roll them up. If I owned the property I'd go in and shut the windows. Water damage is very expensive to repair, and mold is not something I would want growing in the ceiling and walls.

Answer 7

That doesn't make any sense how do they know that your window is open, unless you call and tell them or if another resident notice it open. They can enter without permission for a work order leaving a Matience request copy,

Answer 8

The question here can actually be decided by answering what is more important your rights to notice under the Landlord Tenant laws of your state or the rights of the landlord to protect the property. One has to do with issues of quiet enjoyment of the property and the other to do with property rights. Since damage to the property by agreement caused by you is going to be your responsibility in the end I would venture to say that your constitutional rights granted under quiet enjoyment might prevail.

Answer 9

I believe they have to give some notice to the tenant before they enter the premises..but maybe in your case did another tenant or the landlord see the windows open? Perhaps He/She wanted to protect the unit and your property?

Answer 10

yes if they feel that the property is in jeopardy they can enter also for repairs and inspections to i work for a apt complex we have over 600 units im in peoples house all the time when they are gone they are suppose to tell you they where in the unit. even if you change youre locks so that the master key wont work in it you still have to give them a key if they cannot enter then they can cut the lock out.

Answer 11

The landlord or manager may if it is in the lease enter without your permission. In other cases, the landlord has the right to enter and inspect the premises but must make you aware of and coordinate this with you. Entering to close the windows is not an acceptable reason to enter your home without permision.