landlord entering without premission

[Wilson2000]

I am living this in another state where the landlord came in when I was on vacation snooping around several times. Went went to civil court and he lied under oath he was making "improvements" - which he was not. As time went on I tried to catch him in my house illegally (we did have a lease) and would come home early from work or have the neighbors watch out for me. I stayed in the lease/in the house way too long and in court he made it look like I broke the lease by "wanting to move out" early.

Point is, things got real ugly real fast once I started confronting him on the illegal entries. Then I began enforcing the required "24 hour notice of Entry" law. The landlord has to provide specific language, reason for entry, who is going to enter, date, time, under normal hours, etc.....AND you have the right to reject the request and reschedule! The landlord's head blew off when he had to start legally writing these notices. He never filled one out accurately, either, which is breaking the law. I wrote on the notices (he can hand deliver, but you have to mail a copy back typically...I did both) to rescehdule....AND he entered again illegally. So I was setting him up in Breach of the Lease Agreement for 24 hour Notice of Entry and Breach of Lease so I could fight him in court.

Read your state tenant-landlord laws and understand whether you have a month to month or TERM lease. For me he lied under oath and I was in a term lease where part of his civil claim against me was for 6 months of rent when I was not there. BY the way, he has to re-rent the house to sue for the remaining term you theoretically owe him. My landlord did not do this either.

In hindsight, a laptop computer with some software pointed at the interior door might catch him.....I couldn't even catch him the day I sent the police over because he was already back out of the house. Sad.

[christine425]

well fall is here now , and the winter will come and go yes the next step is to buy my own house very secluded. i have made up my mind, next time we are intruded, im just going to say, my fiancee does not like anyone coming around when he not home. he feels very uncomortable. this is supposed to be a business agreement. there, that should do it.

[Jdawg8181]

Originally Posted by twingles

They can only enter without permission in case of emergency. I don't think it has anything to do with the lease I believe that is NY state rental law.

Yeah but if they own the place they should be able to do what they want. I dont agree wirh just barging into someones apt but if the LL owns the place, it is the LL's place not the renters.

[Pammyd]

Originally Posted by starwind

What happens if the landlord doesn't ask to come into the apartment? What if any recourse is there?

Recourse? Move. I think that it is rude, unlawful, mean and shouldn't be done but as long as they have a key, they can enter your apartment and unfortunately there really is no way to tell if they have come in or not. I suppose you could contact an attorney because you do have a contract of sorts...check out your lease and see if it says that "Landlord may enter at will" or words to that effect.

This is bothersome at best and if it were me, I would ride it out until lease is up and move. However, should you move, be sure to check next lease to see if the Landlord does have the right to come into your apartment.

[Jdawg8181]

Originally Posted by Pammyd

Recourse? Move. I think that it is rude, unlawful, mean and shouldn't be done but as long as they have a key, they can enter your apartment and unfortunately there really is no way to tell if they have come in or not. I suppose you could contact an attorney because you do have a contract of sorts...check out your lease and see if it says that "Landlord may enter at will" or words to that effect.

This is bothersome at best and if it were me, I would ride it out until lease is up and move. However, should you move, be sure to check next lease to see if the Landlord does have the right to come into your apartment.

If someone owns a place, They should have a right to enter it whenever they want- it is THEIR place- the renter is only borrowing it. Look I do not think it is necessarily RIGHT or that it SHOULD be done but the OP doesnt own the place so really the LL makes the rules about it. Entering his OWN place is his right... I dont know what the law says- i have never rented- I'm just stating my opinion.

[BadAndyHolbrook]

turn the water on in the bathroom sink and let it run SLOWLY all day EVERY day until you MOVE OUT.............