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    Renting & Real Estate

    Question

    Can a landlord let anyone enter your apartment without notice or consent?

    Last Friday our landlord let someone into our apartment to fix a hole they'd left in our ceiling (for 2 months, I might add!). There was no notice, no consent, they didn't even bother to call and tell us. We found out when we got home Friday afternoon and saw they'd moved our things out of the way and put up a peice of wood and some plaster. Now I -did- get a call from them on Friday, but the voicemail states that they weren't going to be doing anything until today and tomorrow. Anyone have opinions on what can be done about this, if anything? We're very upset, how can someone just enter your home any time they wanted? We're fairly certain they've done it once before. A lock we -always- lock on the way out was unlocked one day when we came home. It's a tricky lock, and the door has to be pulled to get it to work, so they might not have known that. We like this apartment and it's location. But we are very displeased with our landlord's way of handling things.
    a few seconds ago 23 Answers

    Best Answer

    They can enter, and only during normal business hours. The landlord has to notify you, call, or a note on the door. The repair man is not just "anyone", they needed to fix their property and are allowed to hire professionals to do that.
    a few seconds ago

    Other Answers

    • If you had communication with the landlord about the hole and he said he would come and fix it but did so a day or two early, let it go. You maybe want to tell them to call before they come in and to tell you if there will be a change in scheduling. But with that said, they have to give you notice prior to entering your unit, unless they have a probable cause there is something really wrong like water leaks etc. Look at the lease and discuss it with them and let them know you are concerned about it. It might just be a misunderstanding.

      by Old Kid - 20 hours ago

    • As long as the lease states that the landlord can enter your apt. with notice to fix or check on things, then there really is nothing you can do. We make sure that our tentants know that the lease states that we as the landlords have access to the apt. to perform routine maintenance and upkeep. You should communicate with your landlord and let them know that you would prefer to be there when someone unknown is going to be let in and see if they will negotiate with you to allow this. Good luck.

      by jbrutada - 20 hours ago

    • It depends on what state you live in, but the laws in most states say that a landlord must give you 24 hours notice to enter your apartment, they must also give you the date and approximate time that they will enter your apartment, they can only enter during normal business hours and they have to have a valid reason to enter (like making that repair). They also have to leave some evidence that they were there if you were not home, like a note or business card. I would start by calling the property management company's corporate or local office (not your apartment manager, who is probably part of the problem). If it is just a local owner who hired the apartment manager, then insist on talking to the owner. Explain what happened and tell them that you insist on them following the law, that they have to tell you what day and time they will come and they have to come on that day, not another day. Also tell them that your door was left unlocked in the past and you will hold them responsible if this happens again and your apartment is broken into. Then if they enter your apartment again without following the proper steps, send them a letter via certified mail letting the management company know that they have ignored your request to follow the law regarding entering your apartment and that you have reported them to the local authorities (depending on where you live it could be a city agency or your attorney general). Then report them. They are breaking the law and they need to take you seriously. Look up your local laws and find out which agency takes care of landlord problems. You can google "landlord/tenant laws + your state" and you should find an official government website (ignore websites that end in .com they are usually wrong). If that doesn't help, look up your local legal aid office they can direct you.

      by Brandi C - 20 hours ago

    • Most states require notice. Check the landlord tenant act in your state.

      by DebtFreeGuy - 20 hours ago

    • Your landlord can only enter the home in an Emergency Situation otherwise they need to give you 24 hours notice they will be entering to do repairs.

      by Gertie - 20 hours ago

    • If you have asked for a repair then you have invited them in, however I would still expect a 24 hour notice. Ask the others in your building if they have similar problems.

      by estielmo - 20 hours ago

    • The landlord should have given you advanced notice. I am not sure what you can really do about it though. You don't really have any damages, so nothing really to sue over. I guess if you were really displeased you may be able to move out on the basis that he violated the terms of the lease.

      by Brian A - 20 hours ago

    • Just write them a letter stating that in future you would appreciate the 24 hour notice as required by law. No need to get all charged up. It could be the subcontractor's mistake since there was a voicemail for the next day.

      by Wicker Park Wears - 20 hours ago

    • What do you hope to accomplish? The repair is done. The landlord was sloppy about notifying you in advance, but he did bring a contractor to finish the repair. A lot of contractors just show up to do work when you didn't expect them. Contractors are sloppy like that, timewise. Your landlord was probably forced to decide--do I let this guy get away and not do the repair for maybe another month, or do I keep him here to do all the jobs today? Things were moved but nothing was missing, so you had no damages. I understand you are upset and feel violated. Do you hope to give grief to the landlord? Does that help you feel better? Do you want to have a reputation for being an unreasonable hothead? Why not have a POLITE discussion with the landlord so that he understands how badly you feel that someone came into your apartment to fix a problem without 24-hour notice?

      by L.K. Duh - 20 hours ago

    • It a 24 hour notice to enter (or immediately if its an emergency), I would sit down with her or write a letter and let her know your feelings and not to let it happen again.

      by Sue B - 20 hours ago

    • This was illegal - its not his property when he lets it - its yours. He is obligated to provide notice that he will require access to your house. While you can't deny him access, as long as he gives notice it's ok, he can't just walk in when he wants though.

      by mark90_2k2 - 20 hours ago

    • They have to give reasonable notice, and if the lease says they must give 24 hours notice, then they are in default and you could get out of the lease. Call them and talk to them.

      by Elaine K - 20 hours ago

    • Yes, but if he does this too often you may have to call his attention and if he doesn't want to understand then try and scare him that you have to move because of his behavior and warn others about his actions....Go to court if it gets out of hand...

      by Fiersteh - 20 hours ago

    • Were you there?

      by 81 Honda - 20 hours ago

    • no way can he enter without consent or notice. however, because he did leave a message saying he was going to be coming in (understanding the fact that it was a different day) might be a harder thing to argue. he did give the notice after all. i agree with you 100%. your best bet is to talk to your landlord. let them know how displeased you are with the matter and although you were contacted in advance, you we misinformed as the the date the work would be done. wether the lease agreement's statement covers their a** or not, you have the right to request that 1. a more accurate date be given next time and 2. you should be updated as to any changes in the date/time. you might also add to your point your suspicion that this is not the first time your apartment has been entered without consent. threaten legal action against the landlord should this happen again and if it really makes you uncomfortable, as upsetting as it may be, start looking for a new place. im pretty sure you could get out of your lease by sighting un-notified, unlawful entry as a reason.

      by theroomstoocold - 20 hours ago

    • It IS against the rules for him to allow anyone into your apartment without your permission unless it's stated in your lease agreement (which from what you say it isn't) UNLESS the landord is served a search warrant for that property. OR if something problematic for other residents is origination in your apartment (like a water leak that's running into other apartments or perhaps even a blaring stereo that was left (or came) on while you were on vacation) That was obviously not the case here, so yes...he violated your contract by doing so. You could probably sue him, and get your deposit back or something, but I'd actually recommend just getting out of the apartment as soon as possible. Find another apartment and get ou of that one. You don't need to be constantly worrying about your landlord screwing you over on stuff. Especially in an age where landlords keep getting busted for installing unlawfull surveilance cameras in their tenants residences.... Given you have examples of him breaking the terms of contract....you should be able to get out with your deposit (as long as you haven't damaged the property unreasonably...)

      by Nicholas B - 20 hours ago

    • Your home is supposed to be your castle even if it's rented and a landlord can not simply open your door any time he or she pleases. Send the landlord a formal letter stating that you are upset with his allowing entrance into your suite without notice. Let him know that you are either considering consulting a lawyer about this invasion of your privacy or alternatively you can let him know in the letter that while you are not considering legal action at this time, he should be mindful of the possibility in the future. I think that by sending a letter, ,you create a written record (keep a copy for yourself) of your complaint so that if it does happen again, you have incredibly good legal footing in a court as you can show that you tried to resolve this problem without going to court first. That being said, I would consider it important to make sure the letter is not threatening or adversarial. Preface the letter with a paragraph or two explaining that you are currently pleased with the apartment. Make sure to be diplomatic but clear. If you do wish to proceed with legal action straight away, I would simply consult a lawyer. It's fairly cut and dry . All you have to do is find out what contractor was used and ask them to verify the time they entered. If the landlord did the repair on his own, it will be your word against his that he did not produce a notice for you as he could easily say he did.

      by Ethan E - 20 hours ago

    • They MUST inform you of entering a home! Confront your landlord! They know the law and they know their lease. Also tell them the door was not locked. They would be responsible for anything taken from your home.

      by jo-jo - 20 hours ago

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