Landlord Came Into My Apartment w/o Notice (lease, tenant, inspection)

[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.?

[I love the Bears]

I think you should call the police and talk about pressing charges - the cops can't even come into your house without a warrant!!!

[fancofu]

Originally Posted by I love the Bears

I think you should call the police and talk about pressing charges - the cops can't even come into your house without a warrant!!!

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.

[I love the Bears]

Call your local court - the district mag and ask........

[fancofu]

Originally Posted by I love the Bears

Call your local court - the district mag and ask........

I sent an email but I don't want any of this to go to court. I want to move out. I've had smaller problems before with her being nosy; going through my stuff during cleaning inspections. I draw the line with her entering without notice. I guess I will have to tell her that I believe she broke the lease and that I want to leave without penalty.

Anyone else here go through a problem like this?

[ShaneSA]

I am a LL and would only enter an apartment or house for an emergency...leaking water or smoke. I would not knock for 10 minutes either...for smoke or water that is.
Paving a parking lot is NOT an emergency. The work has to be planned and notice should have been given to tenants to not park in the lot that day and give the reason why.
I had a building painted and notified everyone to leave thier windows unlocked so the painters could paint the sills and not paint the windpows shut. I gave them a week notice. No problem.
Paving is a task that must be arranged and scedualed...it's not an emergency. You can't even come up with a reason to make it an emergency!!!!! And it's NOT a reason to enter the apartment.

[aragx6]

Agree with Shane. No way is that an emergency.

I would call a different lawyer. One who knows about tenant laws would recognize this does not constitute an emergency.

[aaauger]

If she gave you notice and you didn't move your vehicle as requested, she should have called you. If you didn't answer, it's not clear that she had a right to enter your premises to locate you. The only reason it could be considered an emergency is if it would have cost her money to not pave at that time. If she gave you no notice, then she's definitely in the wrong.

If you want to move, you need to 1) check with your local tenant or housing authority, 2) send her a certified letter letting her know that SHE broke the lease by her action, 3) move.

[tony23]

Originally Posted by aragx6

I would call a different lawyer. One who knows about tenant laws would recognize this does not constitute an emergency.

Where do you find one of those?

[fancofu]

Originally Posted by aragx6

Agree with Shane. No way is that an emergency.

I would call a different lawyer. One who knows about tenant laws would recognize this does not constitute an emergency.

The one I called was supposed to know that stuff. I guess I just called a really bad lawyer.