What type of notice is required for landlord to enter premises? (apartment, renter)

[js1027]

Long story short:

First time renter of a house. I signed a 2 year lease with my landlord, after 1 year I called him and told him I was interested in buying a house. He told me we could terminate the lease early, no penalty, etc. So I started looking for a house, found one, went under contract and our closing date is scheduled for this month. He reiterated to me multiple times that this was fine and I asked him to put it in writing, he refused (after we found the house).

The landlord failed to supply me with information on my security deposit after multiple requests, so I used it towards the final month of rent. Now he has a "friend" who is a lawyer who sent me a letter, telling me I'm late on rent, short on security and is starting to threaten me. The letter from the lawyer has false accusations in it as well. In the letter, via non-certified mail, the lawyer wrote that the landlord will stop by on Monday to inspect the house.

A couple questions:

1. What type of "notice" must be given to me as a tenant? A phone call? A certified letter? Face to face? Regular mail? What if the letter never made it to me? I do not want anyone entering my house while I'm not home because we have valuables and a dog.

2. Do I have to allow him in the house?

I know the landlord has a new tenant ready to move in June 1 because the new tenant stopped by the house. My wife and I feel unsafe leaving the house unattended when we leave for work. He has harassed and threatened us throughout our lease.

Thanks for your help

[MiamiLIFE]

Originally Posted by js1027

Long story short:

First time renter of a house. I signed a 2 year lease with my landlord, after 1 year I called him and told him I was interested in buying a house. He told me we could terminate the lease early, no penalty, etc. So I started looking for a house, found one, went under contract and our closing date is scheduled for this month. He reiterated to me multiple times that this was fine and I asked him to put it in writing, he refused (after we found the house).

The landlord failed to supply me with information on my security deposit after multiple requests, so I used it towards the final month of rent. Now he has a "friend" who is a lawyer who sent me a letter, telling me I'm late on rent, short on security and is starting to threaten me. The letter from the lawyer has false accusations in it as well. In the letter, via non-certified mail, the lawyer wrote that the landlord will stop by on Monday to inspect the house.

A couple questions:

1. What type of "notice" must be given to me as a tenant? A phone call? A certified letter? Face to face? Regular mail? What if the letter never made it to me? I do not want anyone entering my house while I'm not home because we have valuables and a dog.

2. Do I have to allow him in the house?

I know the landlord has a new tenant ready to move in June 1 because the new tenant stopped by the house. My wife and I feel unsafe leaving the house unattended when we leave for work. He has harassed and threatened us throughout our lease.

Thanks for your help

Your lease will say how much notice he has to give you. However, if you didn't pay the last month's rent, you are technically in breach of your lease so the landlord may be able to access the unit immediately. Not sure how the law reads in that regard. You can search the web for NJ Renter Laws. And yes, you should allow him to enter the home so he can inspect and show it. You're NOT allowed to prevent him from re-renting the unit or inhibit his ability to do so.

A letter from a lawyer is not considered a threat. It is considered legal notice and it details the defaults that they believe have occurred and the remedies that they have available to them. You can of course contest those allegations, but you would be making a big mistake if you took the position, "I am not allowing my landlord (owner of the unit) to access the premises because his lawyer threatened me and I feel unsafe." Unless the lawyer said they were going to harm you physically, they likely didn't threaten you. They followed the law as they're suppose to do and notified you of your default as soon as it happened and of the things that can now happen to you if you don't cure the default, such as: eviction, being sued for legals fees, court costs, other damages, etc. They're always going to state in those letters every potential bad thing that can happen to you because they want you to be aware of the consequences, but more importantly they want you to cure the default without them having to take you to court where a judge will enter a judgement against you. You're not allowed to assume the security is there to pay the last month's rent. There are very clear laws in NJ about how a security deposit is suppose to be maintained.

[js1027]

Thanks for the feedback. I'm still trying to figure out what "notice" actually is - that was not answered.

NJ Laws are clearly written stating that I am allowed, by law, to use my security deposit towards future payments IF the landlord fails to supply me with information as to where my security deposit is being held.

I also did not mean that the letter from the lawyer was a threat. However, the landlord himself has harassed me and threatened me over the phone numerous times.

There is no reason for him to inspect it, as 1) he has a new renter ready to move in and 2) we are in the middle of packing, so how can he claim the house is in bad condition?

[casper324]

No reason to inspect? Are you kidding? Most leases require 24 hour notice for a landlord to enter the premises, since you haven't paid rent I'm not sure if he's got to give you notice at all. If there was no damage why didn't you pay your rent and get your security deposit back after you vacated the property. As a landlord I would be worried about the condition of the property and take further action before you leave to insure the home is left in good condition.

[js1027]

Yes, that is correct - he has no reason to inspect. He's been in the house several times in the past month. Each time he has said "The house is in great condition, there's no reason to keep your security". Why should I feel comfortable that I'll get my security deposit back when he REFUSES to tell me where it's at? It was quite odd that a month after he got my security deposit, he rolled up in a brand new Cadillac. I get collection calls for him every single day. And because he did not tell me where my security was, I used it to pay my rent so YES, I am current on my lease.

[feather78]

You're right, you can use the security deposit as rent, but before you do so, you have to write a letter to him that gives him 30 days to provide you with information about where your deposit is being held.

It sounds like you read the same website I did, but if not, this is helpful: [url]http://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf[/url]

I don't know if the landlord is allowed to come in or not, but I would tell him that you are going to call the police if you find out he was in there without your permission. You should check what your lease says about him entering the property. Also request that he come at a time when you will be home, although I'm guessing you already tried this and he was obnoxious about it. I just moved two weeks ago myself, and I had a similar problem. I didn't know for sure, but I had a feeling that my old landlord was going in my apartment when I wasn't there, so I set my webcam and pointed it at the door. Sure enough, I caught him going in when I wasn't home. The look on his face when he saw the camera was priceless! He never did it again.

Take pictures of everything now, date them, and send them to yourself tomorrow so the date is postmarked. Then if he does any damage, you have pictures of how you left it. Do this again when you move out.

Sorry I can't help much, but good luck! I had many battles with my old landlord, and it's not fun!

[Informed Info]

Originally Posted by js1027

Yes, that is correct - he has no reason to inspect. He's been in the house several times in the past month. Each time he has said "The house is in great condition, there's no reason to keep your security". Why should I feel comfortable that I'll get my security deposit back when he REFUSES to tell me where it's at? It was quite odd that a month after he got my security deposit, he rolled up in a brand new Cadillac. I get collection calls for him every single day. And because he did not tell me where my security was, I used it to pay my rent so YES, I am current on my lease.

His lawyer told you that he would be at the property on Monday, so that is your notice. The most notice I've seen in a lease is 24 hours.

I understand how you feel, but he is the landlord and he absolutely does have a reason to inspect - it's his property. WHY he feels the need to inspect before you move out (It doesn't sound like you will have vacated the property by Monday), is odd. Perhaps you should ask? Will he answer your calls? If not, call his "lawyer friend" and ask.


When you DO move out:

Insist that he perform his move-out inspection with you there. Have him sign off on a checklist put together by you (example that can be tailored to your needs: http://housing.ucsc.edu/cro/pdf/condition-checklist.pdf) and keep it.

Second thing is to take pictures, many pictures of the home upon move out and of everything! Outside and inside of appliances, cabinets, flooring, doors, etc. Some people, when dealing with questionable LLs take video as well.

If he doesn't return your security with itemized deductions within 30 days after the end of your lease, do not have any contact with him that is not done by certified mail, and take him to small claims.

Good luck!