Landlord Came Into My Apartment w/o Notice (carpet, landlords, move out)

[Woof Woof Woof!]

Originally Posted by fancofu

My landlord woke me up this morning knocking on my bedroom door. They are paving the parking lot out side and said I need to move my car. According to the lease a landlord can only enter the residence for an emergency, to make repairs, to show to prospective buyers, when abandoned, and for court orders. The landlord said that paving the parking lot was an emergency so she had a right to enter. While she was in the apartment she apparently did an inspection because she told me that I would be written up (don't know what that means) because the apartment was dirty. The apartment is not dirty. It's about as clean as you can get an apartment having 2 toddlers.

She did not make any repairs in the apartment. She didn't show it to prospective buyers, she knows I haven't abandoned it, and there was no court order. It boils down to whether or not the paving of the parking lot is an emergency.

I'm having trouble believing that paving the parking lot constitutes as an emergency. Furthermore, she said she knocked for about 10 minutes. If no one answers the door after 10 minutes that's a good reason to think no one is home. Given that, what did she expect upon entering an apartment to which all signs point to no one being there? Also, it is my understanding that the emergency has to be related to the apartment. Would you consider paving a parking lot to be an emergency?

I'm upset about this because a) I feel it's an invasion of privacy, b) I don't trust the landlord in the apartment while I'm sleeping, c) I will be written up because she thinks that apartment is dirty.

Does anyone have any information concerning Jefferson County, Missouri tenant-landlord laws or some advice, opinions, etc.?

It is an invasion of privacy.

She broke the law. Paving is not an emergency.

She cannot write you up.

Let her know it's unacceptable!

[BigJon3475]

How is paving not an emergency. We have a bid for over $20k to repair some spots. I highly doubt the LL just expected cars to be gone from all the spots and it's not like you can pave or repair part of a parking lot with cars in it. With more than ample notice we have had cars towed that were not moved as they should have been. Mistakes happen and you make them right.

There were no cones, letters, yellow tape...etc....? Was there by chance a letter on your door you didn't read or maybe one of the kids threw it away?

This does not mean I think they should have entered your apartment....I mean were they going to move your car for you?

I would have just had your car towed as long as I knew I gave plenty of notice and it would have to be obvious you should park somewhere else. I would have cones setup, yellow caution tape, letters sent out to apartments.

[fancofu]

Originally Posted by BigJon3475

How is paving not an emergency. We have a bid for over $20k to repair some spots. I highly doubt the LL just expected cars to be gone from all the spots and it's not like you can pave or repair part of a parking lot with cars in it. With more than ample notice we have had cars towed that were not moved as they should have been. Mistakes happen and you make them right.

There were no cones, letters, yellow tape...etc....? Was there by chance a letter on your door you didn't read or maybe one of the kids threw it away?

This does not mean I think they should have entered your apartment....I mean were they going to move your car for you?

I would have just had your car towed as long as I knew I gave plenty of notice and it would have to be obvious you should park somewhere else. I would have cones setup, yellow caution tape, letters sent out to apartments.

I think you're missing the point that they did not give any notice. No cones, no tape, no letters, and no chance that the kids threw away a letter, they are too young to open the door. I also didn't see any letters on any of the other doors. There were other tenants out moving their cars at the same time as me, 9:00am. Another tenant went out of town a few days before they paved and left his car in the lot. They had to pave around it.

[BigJon3475]

I'm not missing the point. I was just giving you an objectionable view from the other side. We are not in the same state so I don't claim to know your states laws regarding this. I was just giving examples as I have had the pavement done before a time or two and had to go through all the proper methods to ensure it would be done cost effectively, quickly and the least intrusive.

I also said I don't think they had a right to enter but in my mind a multi $1000 contract would have some urgency. I still don't know what they would have accomplished by entering your apartment.

[Claire_F]

She could have called her on the phone, rather than barge into her apartment.

One of these days that landlord is going to barge into the wrong apartment, and find herself at the receiving end of a gun.

[Brenda88]

I would file legal charges against her in court. This is definitely a violation of your rights. Paving the parking lot is no reason to enter someone's apartment. She cannot write you up because your apartment is dirty. The only people i know of this, is done to is section 8 tenants. You are not.

[DreamWeavin]

that nosey witch better have proof she can smell a dead body or see flames coming from my apt. before EVER entering! Does she know you could have shot her and called it a robbery,rape,intruder in your house??? She and I or her boss would be having a stern sit down meeting.

Originally Posted by fancofu

I don't really want to go that far. I just want to know what constitutes an emergency. I called a lawyer for advice and he said to look at the lease. The lease doesn't specify what an emergency is. I assumed it would mean a fire, leak, etc, something going on inside of the apartment that must be handled immediately. You don't knock on a door for 10 minutes (what she told me) for an emergency.

[averagejoe76]

Your LL is really in the wrong here IMO
No advance notice of parking lot work(did you see notices on other doors?)
From the Photos your apartment looks like the average apartment.
I used to do maintenance for apartments you wouldnt believe the stuff i have seen.
Your LL has probably gotten away with stuff like this before i wouldnt..
Let it go.

[zman0]

Originally Posted by Woof Woof Woof!

It is an invasion of privacy.

It might be an invasion of privacy, but more importantly, it's a breach of your right to quiet enjoyment.

The landlord rented you the space, and implicitly guaranteed you the right to control who enters the space, except in certain circumstances (e.g. emergency). By entering your apartment, she breached that agreement, and essentially committed a trespass.

You can probably get out of your lease. But I wouldn't expect to get your security deposit back. Landlords get a lot of leeway in determining how much of your deposit to return to you. They will claim fees for carpet cleaning, oven cleaning, minor repair to woodwork (stuff you probably didn't note when you did your initial walkthrough), etc.

Not that she'll pocket the money, she will take your deposit and use every penny to make the apartment look like new, and fix all the things that were wrong when you moved in, but didn't bother to note.

[BigJon3475]

Here you are given a movie in inspection and it's up to you to note problems. We never charge for the typical turn.....only damages. Any damages where the security deposit is used must have an invoice attached to it with the work provided. I'm sure it's not that way everywhere of course.