can a landlord come in to my place without notice? (vacate, clause)
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It will depend on your exact location, but broadly speaking, the landlord can only enter your unit without notice in the event of a bona fide emergency, such as a fire or flooding. Despite what others have posted, in many areas, landlords do not have the authority to conduct wellness checks. That's why we have police forces.
In the vast majority of the country, the landlord would be committing misdemeanor trespass if they entered your unit as you described. Is it a big deal in the grand scheme of things? No, not really, but it is your home and I certainly wouldn't want anyone inviting themselves in for any reason at all short of an emergency.
Quote:
Originally Posted by Katie1
BTW my Lease says you gone 3 days No notice you Gone for Good!
So what, you start abandonment eviction proceedings every time a tenant goes away for a long weekend? What a worthless clause that will likely never hold up in court.
LOL, if opening the door and placing the package near the entryway to keep it safe is a misdemeanor, then by all means, sue the landlord. Or better yet, move? No one is forcing you to stay at a place where the landlord is so rude and mean. How dare he open my door when I'm not home for 3+ days (Landlord doesn't know since I didn't tell him) to put my package in a safe location. How dare he!
Now, if the Landlord is ALWAYS asking to enter the house for inspection, than that would be very annoying. Or always knocking at the door in wee hours of the night. Questioning your visitors, or trespassing while your shower. That would be a time to call the cops.
But opening the door to place a package safely in the entryway? While you were gone for 3 days w/o giving him notice? BOO FREAKING HOO!
I'm a landlord and I only visit once a month to collect rent. I don't even do inspections unless I get a call or text. Usually I just call a handyman to do the repairs sight unseen.
I've been bad at giving 24 hours notice though. But it doesn't seem my tenant minds since she got a new door.
But after reading the CA laws, I'll take that into consideration.
Last edited by goodie2shoes; 01-09-2017 at 02:41 AM..
LOL, if opening the door and placing the package near the entryway to keep it safe is a misdemeanor, then by all means, sue the landlord.
There's nothing to sue for because the tenant has no damages. That doesn't change the fact that it meets the elements for trespass in most jurisdictions. You don't have to agree with it, that's simply the law.
Can they, sure, it's not illegal in the criminal sense, no one is going to arrest them. They are not supposed to but that's part of being a renter you can have can have a lousy LL who does not respect your rights, I would suggest getting a hidden cam and recording. I had an LL come in and I found her snooping in my apartment she said she was looking for the rent check which I had ready for her, and I asked at a legal site where everyone is nasty and their response was, no you can't sue, what are your damages.
Wait, if a landlord has to give 24 hour notice and the tenant was gone for 3 days, how does anyone know notice wasn't given? The Landlord could have left a note on the door and returned the next day or day after and the tenant wouldn't have been any the wiser.
Wait, if a landlord has to give 24 hour notice and the tenant was gone for 3 days, how does anyone know notice wasn't given? The Landlord could have left a note on the door and returned the next day or day after and the tenant wouldn't have been any the wiser.
But they should have to make an effort to contact you via phone, email or text and not just leave a note.
So I got my reason from the landlord as to why they entered my place to put the package in rather than keeping it safe in the rental office. The reason was that she knocked at my door several times and no response. They haven't seen my car parked where I usually park. The manager of the building assume that I had "left them" (without notice aka "vacate"). First of all, they could have called me. Secondly, why would I "leave them" knowing I have a package coming? My lease wasn't even up yet but all my yearly lease signing I do put a clause stating if the time comes I want to be able to vacate (without finishing the year lease), for work reasons and relocation.
I don't need to sue as it might just create tension.
In my state we are supposed to give notice, but then we can go in and snoop anywhere we want. Feasibly, a notice could have been left on day one, and on day 3 they could enter.
In the case that just occurred, it was innocent. They just opened the door enough to slide the package in. That is no reason to pitch a fit, or to sue.
Why would you sue a landlord over that. Do you think that would make you look good? It wouldn't. It isn't reasonable.
It is reasonable to go with the flow. No harm, no foul except for in your head.
So a landlord/worker could walk in to two people naked/having Sex without a knock in the door or a phone call?
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