24 hour Notice to enter, however you are on vacation and do not get the notice? (real estate)

[misstcook]

Can anyone please help, I have encountered a unique situation with my property rental agents. A 24 hour "notice to enter" was posted and I was away on vacation and they entered my apartment with the notice still taped to the door.
I came home and realized that my unit had been entered without my knowledge.
I have searched and searched and this issue is not addressed at all. They became extremely defensive and very rude when questioned and I am not sure why.
My question is, what if the notice is posted and you are away, the crew shows up and sees that the notice is still taped to your door and they enter anyway for a non emergency maintenance compliance?

[Luke9686]

This is best answered by an attorney who specializes in real estate.

[misstcook]

Thank you Luke

[18Montclair]

There's a gray area here because yes they must give you 24-hr notice, but they dont need your permisson. Of course you didnt receive the notice but the landlord can simply state that proper notification was given and he/she satisfied their end of the contract/law.

That said, its not fair, but if you go to an attorney, theyll probably tell you that unless something was stolen or broken, there's really no case. If you proceed with some sort of legal action then your just going to cause friction between you and your landlord and who wants to have that at home. I certainly dont.

I think you should talk to your landlord in the most sincere way possible. Tell them that you didnt appreciate them doing that and that for future reference, please make sure they personally contact you and give you notice. Im sure your landlord will agree and see that this is very important to you and you'll all live happily ever after-and it wont cost you a cent.

My 2 er-cents. LOL

[Ultrarunner]

I'm not aware of any requirement that the Notice be acknowledge. The regs are pretty specific about normal business hours and that advance notice be given and under what circumstances allow entry.

Keep in mind that Notice is not a request for permission, only to advise the resident in advance of entry.

My understanding is the requirement came about to minimize inconvenience to to Residents... since you were not at home... well you get the idea.

I suppose if I was on the other side I would ask if you notified management that you would be out of town... at least you would have clear evidence that management knew you were not at home.

Renting is very different than owning... this is just one clear example.

My suggestion for anyone is to seek legal advice from a Lawyer specializing in Tenant/Landlord Law in your community on any item of significant concern.

[jeevcy]

which is weird, cause i remember that when i asked for a maintenance, they asked me for my permission to enter the apt.