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Hello All.
I am hoping folks with knowledge of landlord/tenant law can help here. My aunt lives in a small private apartment complex. It is restricted to older folks. Every year the tenants stress and overclean because the landlord inspects their places. The tenants keep their places quite nice. There are no guidelines by the landlord as to how clean it needs to be. The tenants are long term, but are on month to month agreements, which of course makes it even more stressful. I cannot think of a group of people less in need of inspection. In my aunt's case the two employees of the landlord came into my aunt's apt. and separated and while she was with one the other went into another room and opened and shut cabinets. She asked they not do this but the request was ignored. That was last year. The inspections do not take place at the same time each year, and this year there is only six days notice, and she barely has time to clean as her schedule is full at this particular time.
I have been a renter my whole life all over the country in all kinds of rentals, and I have never heard of a landlord inspecting, neither has anyone I've known. I would like to know if this is even legal, and if so, how can she insure her rights to be present and not have them go about her place as they please, be protected. I understand a landlord can come in if he has good reason to believe their is a situation of real harm to the property or illegal. This is certainly not the case here. We just have a few days so would appreciate input asap.
Thanks alot,
Adreana
Last edited by adreana; 03-12-2011 at 12:11 PM..
Reason: accuracy, punctuation
Yearly is noit very often i compoarison to most. That i fact is about the least I have heard of considering the need to base rents on maintenance cost as one component. It alos give them a chance to make sure the apartment is upto local rental laws standardswithout gewttig a surprised. It is their porperty don't foregt.
For the duration of the rental agreement it is the RENTER'S HOME. The civil rights of all Americans don't stop because they are renters. The Constitution protects the privacy rights of all people in their homes. A person doesn't have the legal right to violate one's rights just because they own a property. They are being paid for that property. As far as I can see, inspections for an unspecified reason on anyone's home should not be allowed. In researching this all over the net, I find a hundred different opinions, from allowing people who own a property to do whatever they want to those that think there needs to be a good reason and the tenant has a right to know. Unfortunately the ones favoring the landlords tend to predominate. Renters pay for their places, they are citizens. To allow landlords to do these things reduces the renter's position from that of a citizen to someone less, like an indentured servant who is subject to the will of another. Again, the tenant is paying the landlord, not the other way around. I would hope to hear from someone who is a lawyer. Wish my Aunt could afford one.
Adreana
I guarantee you that her lease says that the landlord has a right to inspect the property and probably when. Read it.
civil rights? He's not violating anything. You're reaching big time. The LL isn't barging into her home unannounced. He's giving her plenty of notice. Where I am I only have to give 48hrs notice before I intend to inspect the premises.
I don't know exactly what you're complaining about. You should be happy that the LL cares enough about his property to inspect it. It's HIS property and he wants to make sure it's in good condition, that nothing needs repairs, that it's bug free etc. Thats probably why those guys looked in the cabinets. They're looking for bugs.
Last edited by Lauriedeee; 03-12-2011 at 01:47 PM..
I guarantee you that her lease says that the landlord has a right to inspect the property and probably when. Read it.
I don't know exactly what you're complaining about. You should be happy that the LL cares enough about his property to inspect it. It's HIS property and he wants to make sure it's in good condition, that nothing needs repairs, that it's bug free etc. Thats probably why those guys looked in the cabinets. They're looking for bugs.
As a former property manager before i retired can truthfully state that it does state that the manage has the right and will at various times request and tenant will provide access for the purpose of inspecting the rental apartment. this I did twice a year with only the required legal 24 hr notice also and never the same time . While most time there wasn't a problem , there was time when illegal activities were found that resulted in 30 day eviction notices being issued . Never did I have any complaint from the people such as you relative Most were happy I cared for the property. I would also suggest you read her contract.
I guarantee you that her lease says that the landlord has a right to inspect the property and probably when. Read it.
civil rights? He's not violating anything. You're reaching big time. The LL isn't barging into her home unannounced. He's giving her plenty of notice. Where I am I only have to give 48hrs notice before I intend to inspect the property.
I don't know exactly what you're complaining about. You should be happy that the LL cares enough about his property to inspect it. It's HIS property and he wants to make sure it's in good condition, that nothing needs repairs, that it's bug free etc. Thats probably why those guys looked in the cabinets. They're looking for bugs.
Oh, of course, you are an OWNER. You can come in anytime for an unspecified reason so long as you give alittle notice, and that isn't a violation of civil right to privacy?! Of course not, cause you are an OWNER. Never mind that you are being paid for the use of the place. The landlord/tenant transaction is the only business transaction I know of in which the person paying for something has less rights than the person selling. Most sellers strive for customer satisfaction, in this transaction it is the buyer, the payor, who must strive to please the buyer, while allowing loss of rights. People who are renters really need to get together. This will only get worse.
Adreana
Adreana
For the duration of the rental agreement it is the RENTER'S HOME. The civil rights of all Americans don't stop because they are renters. The Constitution protects the privacy rights of all people in their homes. A person doesn't have the legal right to violate one's rights just because they own a property. They are being paid for that property. As far as I can see, inspections for an unspecified reason on anyone's home should not be allowed. In researching this all over the net, I find a hundred different opinions, from allowing people who own a property to do whatever they want to those that think there needs to be a good reason and the tenant has a right to know. Unfortunately the ones favoring the landlords tend to predominate. Renters pay for their places, they are citizens. To allow landlords to do these things reduces the renter's position from that of a citizen to someone less, like an indentured servant who is subject to the will of another. Again, the tenant is paying the landlord, not the other way around. I would hope to hear from someone who is a lawyer. Wish my Aunt could afford one.
Adreana
As a former property manager before i retired can truthfully state that it does state that the manage has the right and will at various times request and tenant will provide access for the purpose of inspecting the rental apartment. this I did twice a year with only the required legal 24 hr notice also and never the same time . While most time there wasn't a problem , there was time when illegal activities were found that resulted in 30 day eviction notices being issued . Never did I have any complaint from the people such as you relative Most were happy I cared for the property. I would also suggest you read her contract.
Fighter 1,
I can tell you that the tenants detest these inspections. You said no one complained to you about the inspections. Come on, you are smart enough to know they are not going to complain much or at all to the landlord's representative. Who is happy to have someone come in and judge their housekeeping? This is a senior complex. No one is doing anything illegal. If they were, inspection would be by a judge issued probable cause warrent executed by a policeman. Then, and only then, can they go in and look wherever. Even cops can't look at anything that isn't out in plain sight without a warrant, yet landlords think they can. I question that they [landlords]do have that right. If they do, it should be subject to constitutional challenge. Renters have gotten so acclimated to giving up their rights to get good references from landlords, and keep their apts. and not have to pay huge amts to move elsewhere, that they are steadilly allowing more and more of their rights to be violated. I don't allow family and friends to wonder at will about my home whenever they want, why would I let a business associate such as a landlord or property manager? Who would unless they were scared of losing their place if they didn't. Please, let's talk straight about what is really happening in the landlord/tenant relationships. Renters you have the responsibility here as most but not all landlords will get as much advantage as possible.
Adreana
Oh, of course, you are an OWNER. You can come in anytime for an unspecified reason so long as you give alittle notice, and that isn't a violation of civil right to privacy?! Of course not, cause you are an OWNER. Never mind that you are being paid for the use of the place. The landlord/tenant transaction is the only business transaction I know of in which the person paying for something has less rights than the person selling. Most sellers strive for customer satisfaction, in this transaction it is the buyer, the payor, who must strive to please the buyer, while allowing loss of rights. People who are renters really need to get together. This will only get worse.
Adreana
Adreana
The owner can delegate who can enter the property at his discretion. HE owns it, HE can decide who enters it for inspections. For all you know they're family members or friends of the owners.
If you don't want to have a landlord inspecting your property then buy. That simple. You choose to voluntarily enter an agreement where you agree to allow the property OWNER to inspect the property. This benefits the renter as well as the owner as this is an opportune time for the renter to show the owner any problems or potential problems that could be repaired and it lets the owner know that the renter is taking care of the property.
I'm a RENTER and I have no problem with the idea of inspections.
Yes, I am an owner.. I thought I made that clear in my response.
and Yes, I can enter the premises with 24-48hrs. notice depending on why I need to get in there.
Yes, I can enter the premises anytime without notice during an emergency.
Those are my rights as a LandLord.
but your aunts LL gave her a reason. He's inspecting the premises. He's not being unreasonable at all by doing it once a year. You're being unreasonable.
Your aunt doesn't own this apartment.
She's renting it..
The LL allows her to live there for a specified monetary amount for a specified amount of time.
If she doesn't like having her apt. inspected she has every right to give notice and move.
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