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I have a lot of issues with an apartment that I'm renting. There's holes by the door where the mice are getting in and the back door is dry rotted. I owe my landlord 500 for this month which he will get in three days. My issue now is that I haven't had hot water in four days and my landlord refuses to address it. It's a private owner landlord. He said to me if I have issues just move. Ok I told him I was going up to city hall to report him to the building inspector because of this. Well he stated becaus I'm late paying him rent in the lease he doesn't have to take me to court to evict me he can do it right then and there. I told him he has to file with the court. Well a couple hours later I was sleep and the dog is barking I wake up to see what's going on, the landlord entered my apartment with his girlfriend and scared the hell out of me. He used his keys and I didn't tell him he could do that. Now could he do that? So we get into a screaming match where he's says if I don't have his rent by the end of june he's coming back and throwing me out, now can he do that? My main concern is can he use keys to enter into my apartment like that while I'm sleeping? I had no knowledge that he was even coming and with his girlfriend and I still don't have hot water?
Help me with this so I know what to do.
Yes, he has to take you to court to evict you. No, he cannot just come into your apartment without telling you. That said, this sounds like a bad situation that could get worse. Pay this month's rent, get a receipt for it, and start looking for a new place. If problems continue, seek legal help (there may be free legal help for tenants in your city). Good luck.
I have a lot of issues with an apartment that I'm renting. There's holes by the door where the mice are getting in and the back door is dry rotted. I owe my landlord 500 for this month which he will get in three days. My issue now is that I haven't had hot water in four days and my landlord refuses to address it. It's a private owner landlord. He said to me if I have issues just move. Ok I told him I was going up to city hall to report him to the building inspector because of this. Well he stated becaus I'm late paying him rent in the lease he doesn't have to take me to court to evict me he can do it right then and there. I told him he has to file with the court. Well a couple hours later I was sleep and the dog is barking I wake up to see what's going on, the landlord entered my apartment with his girlfriend and scared the hell out of me. He used his keys and I didn't tell him he could do that. Now could he do that? So we get into a screaming match where he's says if I don't have his rent by the end of june he's coming back and throwing me out, now can he do that? My main concern is can he use keys to enter into my apartment like that while I'm sleeping? I had no knowledge that he was even coming and with his girlfriend and I still don't have hot water?
Help me with this so I know what to do.
He is not legally allowed to enter your apartment without a 24 hour notice. No landlord in any state can just waltz in whenever they feel like it, it doesn't matter if your rent is late or not.
No, the landlord can NOT just come in and "toss you out". He has to go to court. What he knows is that the eviction process can be lengthy enough that it will give you up to 3 months to continue to live there without paying rent. Course, that's going to make your life harder down the line, so you don't want an eviction come up on any background/credit checks.
Despite your rent being late, the landlord must fix issues that are pertinent to tenant having livable quarters. You not having hot water is something he has to fix regardless of your rent being late.
You also need to pay whatever late fee that you two agreed upon when you rented the place.
My questions for you are:
Did you inform your landlord ahead of time that you would be late on the rent? MOST of them are pretty cool if you at least communicate with them and are not habitually late on the rent.
Is this your first time ever being late on the rent?
How long have you lived in this apartment?
You need to look for a tenant's association or group in your city who will help you deal with the illegal things this landlord is doing...and he is doing illegal things. Being late on rent is not good nor wise, but it's not illegal and sometimes things happen. That does not give him ANY excuse to do illegal acts, regardless of what anyone on here thinks about that.
. If he didn't give notice of entry and Just entered, (especially without ringing the bell) you probably could a restraining order against him. Download a copy of tenant rights, say you were in fear of you life, have him arrested. Judges don't take kindly to people who enter illegally. If you can record him saying he's going to throw your stuff out. Play it for the cops. Say you are in fear of your life. You could say you witheld the portion of the rent because there is no hot water, mark all those days on a calendar. I'm sure it would not go over good in the court if you have proof he entered illegally. worse if he starts throwing your stuff out.
If he's intransigent and refuses to negotiate, stay there as long as you can. They can file for eviction the first day of the second month the rent is late, it then takes over 30days to force an eviction notice. Your landlord can sue you for rent every day you are there, but then he'd gotta go to court to do it.
Here's an idea: Try reading your lease. It should answer most of your questions.
Most leases have a clause in them similar to this: ENTRY BY LANDLORD. Upon reasonable notice, the Landlord may enter the Apartment to provide services, inspect, repair, improve or show it.
• The Tenant must notify Landlord if the Tenant will be away for ten days or more.
• In case of emergency orTenant's absence, the Landlord may enter the Apartment without the Tenant's consent.
• Reasonable notice is hereby agreed to be one hour's notice between the hours of 8 A.M. and 9 P.M.
• Tenant agrees to allow access to Landlord and/or pest control service personnel during regularly scheduled pest control treatments. If Tenant is not home when service personnel arrive, Tenant grants permission for said personnel to use Landlord's key to access apartment.
. If he didn't give notice of entry and Just entered, (especially without ringing the bell) you probably could a restraining order against him. Download a copy of tenant rights, say you were in fear of you life, have him arrested. Judges don't take kindly to people who enter illegally. If you can record him saying he's going to throw your stuff out. Play it for the cops. Say you are in fear of your life. You could say you witheld the portion of the rent because there is no hot water, mark all those days on a calendar. I'm sure it would not go over good in the court if you have proof he entered illegally. worse if he starts throwing your stuff out.
If he's intransigent and refuses to negotiate, stay there as long as you can. They can file for eviction the first day of the second month the rent is late, it then takes over 30days to force an eviction notice. Your landlord can sue you for rent every day you are there, but then he'd gotta go to court to do it.
Judges also don't take kindly to falsifying info nor lying in order to get restraining order/ arrest....especially with someone who hasn't paid rent.
OP hasn't resurfaced. I'm guessing an illegal apartment with 500 rent.
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Read Your Lease!
It should answer most of your questions. 
