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This isn't a real situation. I'm writing a story, where a woman that lives alone in an apartment has been "missing" for 4 days. By "missing" I mean that her adult daughter with whom she's kept daily contact with has not heard from her in 4 days.
Now in such a situation... can the daughter go to the landlord and have the apartment opened up (let's say the daughter is the emergency contact for the apartment)... how about if daughter files a missing person's report... then can the police come and have the landlord open up the apartment?
The missing woman has no health issues. And there's no reason for anyone to think she's any trouble, other than the lack of contact.
I'm just unsure of the privacy rules, regarding something like this. I don't know what the appropriate actions would be for the daughter, landlord and police... so I'm having trouble with this part of my story.
Daughter-police, no "missing persons report" necessary. In most states a LL can only enter for non-emergency purposes by giving 24 hours notice. On the other hand I think most landlords (if they know the daughter) wouldn't hesitate to let the daughter in without a police escort being necessary.
Daughter-police, no "missing persons report" necessary. In most states a LL can only enter for non-emergency purposes by giving 24 hours notice. On the other hand I think most landlords (if they know the daughter) wouldn't hesitate to let the daughter in without a police escort being necessary.
but by non emergency it has to be repairs, etc not just willy nilly.
Daughter-police, no "missing persons report" necessary. In most states a LL can only enter for non-emergency purposes by giving 24 hours notice. On the other hand I think most landlords (if they know the daughter) wouldn't hesitate to let the daughter in without a police escort being necessary.
Thanks for the info. So you think in this situation, the landlord would leave the 24 hour notice... and then after the 24 hours
1. if he knows the daughter, just let her in.
2. if he doesn't know the daughter, let her in with a police escort.
Is that right?
How is a 24 hour notice usually left... on the apartment door, or in the mailbox?
Thanks for the info. So you think in this situation, the landlord would leave the 24 hour notice... and then after the 24 hours
1. if he knows the daughter, just let her in.
2. if he doesn't know the daughter, let her in with a police escort.
Is that right?
How is a 24 hour notice usually left... on the apartment door, or in the mailbox?
I would assume written or verbal but I cant say for certain as landlords and states may have different rules.
Quote:
Originally Posted by ameetnsharma
Thanks for the reply. Do you think this situation qualifies as an appropriate non-emergency to open the apartment?
Tenants are allowed Quiet Enjoyment, meaning the landlord cant just stop by whenever. He/She has to have a reason to be there. Usually it is for repairs, etc. That is now it is laid out. Medical/checking up on elderly is not defined within that so i cant say.
The landlord would not go in nor let the daughter in. They would call the police and have the police come out for a Wellness Check. The landlord would give the key to the police and they would go in. This is to prevent any liability on the part of the landlord if something were to go awry, and prevent the landlord and daughter from seeing a tragedy if the person was dead inside.
I had a very elderly woman in the building that I managed. Over an 8 year period, I became worried about her twice, when I hadn't seen her for a while. The owner would come every Saturday to do maintenance, and I'd ask him to look in to make sure she wasn't in there dead.
Once her pastor and his wife came and knocked on my door (I was a resident manager) and told me they were worried about her, that she'd been complaining about headaches and didn't make it to church that day. That time, I went and knocked on her door, then opened it to see if she was in there and okay. She wasn't home. The pastor and his wife started to come into her apartment with me, and I asked them to wait outside.
Should we have called the cops? Maybe. I don't know if they would have gone in or not. But, in the 8 years I lived there, we did open up her apartment 3 times to see if she was okay. And each time she wasn't even home.
She would often go visit her family in Mexico, and not tell us she was leaving.
Like I say, this may not be the law, but this was a real world situation, and we did open up her apartment to check on her.
And wouldn't worrying someone was in their apartment dying or dead be considered an emergency? Landlords can enter without notice for emergencies. I suppose we could argue what qualifies as an emergency that allows a landlord to enter, but if you thought someone might be dying in an apartment, would you really post a 24 hour notice and wait?
I live in a senior apartment building, and it's right in our lease that if the management hasn't seen you for a while, or another tenant makes them aware that you haven't been seen for a while, that they can enter to check on you. It's called a "wellness" check here, too.
The landlord would not go in nor let the daughter in. They would call the police and have the police come out for a Wellness Check. The landlord would give the key to the police and they would go in. This is to prevent any liability on the part of the landlord if something were to go awry, and prevent the landlord and daughter from seeing a tragedy if the person was dead inside.
Last year one of my husbands subordinates did not show up for work, nor had he emailed of called in. My husband when to his apartment and knocked no answer but his car was on the street.
He spoke to a neighbor how said they had not heard him since Friday night, [it was now Monday], She called the LL. who sent someone over with a key. My husband had returned to work, he received a call from the LL saying that when they opened the door the man was laying on the floor dead.
Not sure what the law is on LL entering in this situation but that is what happened in this case.
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