Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I have learned that here in PA landlords can include an entry clause in a lease granting them the right to enter a rental at any time. So be aware if a landlord tell you it is a "standard lease" it probably is not standard. Landlords like to put a person in a situation where they really don't have time to read a lease. I suggest you sign nothing until you read the lease carefully. If a landlord won't provide a copy of the lease in advance look elsewhere.
I term this entry clause the right of the landlord to "snoop and peek." While a tenant is at work or out the landlord can come into the residence and snoop through the tenants papers viewing credit card numbers, etc. It also gives them the right to peek. An attractive single woman, wife, or maybe a teen daughter. Imagine getting intimate with your spouse and, knock knock, the maintenance man pops his head in the door. Remember, it is in the lease.
I am not saying that all landlords have these motives in mind but if they defend their right to enter without notice they support those who do.
Be very careful about your lease, don't trust the landlord, because the landlord is doesn't trust you and certainly is not your friend.
Don
All states allow the landlord to enter without notice in case of emergency (fire, water leak) unless the tenant is there and refuses to allow entry. But, laws usually guarantee tenants reasonable right to privacy. I've purchased many occupied rentals where the lease said things that were actually illegal. Just because it's in the lease, doesn't mean it's legal. I'd have the lease reviewed by an attorney. That "clause" may need amended.
Last edited by ESFP; 02-10-2008 at 03:37 PM..
Reason: submitted before I was finished, oops!
I'm glad you brought this up as I may be moving back to PA this year. Perhaps I can help you a bit. I don't know the specifics about your situation & it sounds as if you may have hit a snag with a lease as you had no prior knowledge of state laws, had miscommunication of some sort with the landlord, and/or just have a bad landlord. No one likes to feel violated & I've been in a situation where I'm certain somone was in my Seattle apartment regularly. My WA landlord denied he was gaining entry, but living alone & being careful to close drawers, closet doors & being a neat-freak knowing that each thing was in it's place., I knew if someone has moved a chair, opened furniture drawers, or pulled back a shower curtain, etc. WA state laws require 2-day's notice for right of entry for inspection, but as it was my lingeree drawer which was commonly askew, it was illegal, creepy, unnecessary & made me move once my 6-mo lease expired. "Inspection" in any state's laws does not mean inspection of personal belongings. I'm not sure how common these situations are, but, it does jolt one's sense of security. BTW, I did approach my landlord, who could never keep eye contact with me & told him if he hadn't gained entry, someone else did (perhaps an old tenant with a working key) & I needed to know so I could change the lock or report a break-in to the police. It never happened again after that... well, not to my knowledge.
That being said, you are right, it's a tenant's responsibility to know their state laws before signing any lease. As far as "being put in a situation where you don't have time to read the lease", it is an invidual's obligation to read any binding legal document before signing. This may not be your case, but, misunderstandings are often common with folks who move from another state, wrongfully assuming state rental laws to be the same, or are first-time renters & never knew their state's laws. Some states have very odd, seemingly cold laws... in GA, a landlord can move your belongings onto the sidewalk & change the locks of your rental if you are 3-days late with rent payment. I saw strewn belongings outside the boundaries of rental properties many times while living in Atlanta... so much so, that people made a living driving trucks around, collecting them & selling them. Astounding to hear about if you reside in another state (yet legal), but, the problem comes when many assume they have a 10-day grace period on payment of rent. Rent isn't a credit card payment, all states do have a grace period, but most are 3-days... a few are 5, several are 10 & only 2 are 30-days. Almost all states allow a landlord to begin eviction once the grace period is reached... many may be surprised to hear this, but, a scan of state laws (& a calendar with a red marker) is necessary to avoid such a circumstance.
I'm a landlord in MA & work in law/property management & review my lease, addenda & notices with each tenant prior to the move-in day. It takes about 1-1/2 to 2-hrs & I go over each term in the lease & lease provisions, line by line. Tenants don't always care for it (they just want to move in), but I smile & kindly quip, "If we do this now, we'll both be clear & hopefully, we'll never see each other again, except in passing in the hallway to say 'hello' to each other." Of course, I mention certain "quirks" such as it being a non-smoking building in the ad while searching for tenants, but, it's astounding how many people think that lease term doesn't apply to their guests, or that anyone can smoke on the wooden deck. In the state of MA, the phrase "non-smoking building" means no smoking in, on or around the owner's premises (house & land). This is an example of why it's necessary to review each term in the lease together.
Okay, I looked up your state laws & the state of PA is one of many states that have no statues in regard to a landlord's legal rights to enter a rental, therefore, whether it's hardcoded into the lease or not, he can enter whenever he desires. I don't like it, you don't like it, but it is legal & I sincerely doubt any landlord would be disturbing your sleep doing midnight maintenance unless an emergecy requires it. He may indeed be entering as a mean's of snooping, but he is doing so "legally" & an informative talk with him inquiring as to why he's entering may help solve the problem. Meaning, is he entering because he smells smoke? Does he hear your alarm clock go off & thinks it may be the CO2/smoke detector? Did he think he heard someone break-in? Is there the sound of water continually running, such as the toilet & he's just inspecting for a leak? Is your dog barking like crazy & he thinks something might be wrong? I'm not clear as to if your landlord is indeed entering the rental, but if so, ask him directly why he is entering, his policy on "inspecting" rentals, etc. If it's just a concern, I'd address this directly with him, too.
The state laws Re: landlord's access to rental property is divided into 5 categories for legal entry, each with an amount of legal notice required for a landlord to enter. Please take note, approximately 1/3 of the states require no legal notice, NH requires that the situation dictate the circumstances, others require 1-2 days maximum. Here are the categories for rights of entry:
1. To deal with an emergency
2. To inspect the premises
3. To make repairs, alterations & improvements
4. To show property to prospective tenants or purchase
5. During tenant's extended absence
Further, only the state of NH requires that tenant's prior consent is necessary in any situation, so the aforementioned statement by the poster Re: "if a tenant is home, he can deny a landlord entry" is not correct in almost all cases & depends upon state's notice requirement and/or if an emergency is suspected and/or if one rents in NH. If water is gushing from under a doorway or continually running, there's an explosion or a suspected tenant injury (fell off ladder indicated by a loud crash), smoke is pouring out of the unit or smelled, etc., a landlord can enter... in every single state except NH... in which case a landlord would find it necessary to call the police if the tenant is not answering a request for entry. After all, a tenant might be unconscious or not home during an emergency, so it's in everyone's best interest to involve police in these situations, especially if in NH.
As someone who has been a renter most of my life & lived in a handful of states, I don't like all state's laws & sometimes even landlords are not aware of them. As far as a landlord not being your friend... as a landlord, I sometimes feel the same with tenants (mainly due to not following lease terms or using common sense) & as an oft-times renter, I've felt the same about some landlords. Rentals, for sure, are a double edged sword & I've heard horror stories from both sides of the coin in every state I've lived. Now that I review the lease with each tenant beforehand (& new state laws before relocation/renting my own apt), my hassles are minimal & easily resolved with a friendly but professional reminder note.
For your own protection, if you feel someone is entering or may enter your rental without notice, yes, lock up all important papers either in a hidden lock box or in a safe deposit box. When I rent an apartment for myself, it's common practice for me not to trust complete security, so I leave nothing "out". Immediacy is important, as well, meaning, if you believe someone was inside the unit indicative of personal belongings being moved, discuss this asap with the landlord. Ask him if there's any problem, was there an emergency & point blank but kindly, why he felt it necessary to enter the unit. If the answer is "I routinely inspect every month & that's why I leave the shower curtain pushed back, so you know I've been inside the unit", you may either be at peace with that or dissatisfied... but, in PA, he can legally enter without any prior notice. By the way, follow-up every conversation with your own notes & a letter. I document everything, as a renter or landlord, in the event anything ever escalates.
If you'd like to review PA laws, your landlord-tenant statutes are:
PA. Stat. An. tit. 68 §§ 250.101-.342
(Note: §§ meaning section)
I hope this has been helpful. If there's no sight of entry but you just have concerns as to when your landlord will enter because you recently found out about the law, just bring that point up directly with him. I'm sure he has some sort of "normal" maintenance schedule in Re: to entering & you may be relieved with his answer. Also, you may be helping him, as if he knows his tenants may be commonly concerned with this law or don't know about it, he may begin to make mention of his intentions for apt entry when prospective tenants view his rentals.
My policy always was & still is "honesty is the best policy". It's always worked for me.
Good luck. I hope you can enjoy your new home & feel comfortable with your landlord... VV
I also forgot to mention that each state has their own RHA (Rental Housing Authority) where you can purchase a hardcoded lease (less than $2/each, normally)... the standard lease, which is the correct verbiage your landlord used. Your landlord may have had you sign it & returned a copy to you, which is normal, so you may already have one? Everyone should read a copy of this prior to renting, so that a renter knows what is standard practice in their state. Much of it is common sense, but, we've all heard about/seen trashed apartments that renters have left behind, so stating the obvious is necessary.
One prohibitive term people are surprised to see hardcoded into the Boston lease is wooden houses may not have BBQ grills on their wooden decks. Everyone from out of state or who's only lived in a suburban home who views my apts sees the huge deck & is excited that they can have a huge outdoor grill... amazing they'd think this when you see that all these wooden houses are attached like a tinderbox. They often think I'm being a stickler, but it's now, fortunately, against the law. We've had several, large neighborhood fires affecting multiple homes in the past 30-yrs due to carelessness with grills.
A second category in addition to the lease, is an addendum. A landlord may add an addendum if there are exceptions to the lease, for example, several of the provisions in my addenda states that the building is non-smoking (due to 3 past tenant-caused fires from cigarettes) & that the small yard is off limits to renters (meaning they can't cut/dig up my roses/lilacs or plant their own garden... that's what their huge decks are for). I know other landlords who have additional lease terms such as no-pets, no use of candles/incense in/on a wooden dwelling/deck, no storage allowed in hallways outside of apartments (for tenant & fire safety reasons), not blocking any apartment exits with furniture, common area usage (such as entryway/lobby/mailboxes), hours of use for a common basement w/d, etc.
A 3rd category is notices. I also have notices, for example, instructions I want tenants to read & understand prior to usuage of my property, which I leave with them upon move-in day & ask them to return signed, within 24-hrs. Amazing how many want to sign it, unread & hand it to me. In fact, all of them do. I insist that for everyone's protection, I strongly urge them to read, understand & then sign the notice. It also states that should they have problems, they will notify me as soon as reasonably possible, not take anything apart, not try to fix anything themselves & not hire outside workers to fix anything, better for me to secure my own workers & convenient for them to not have the responsibility other than a phone call/note to alert me to the issue.
For example, my notices pertain to reading/understanding how to use the fire extinguisher I supply each unit, how to properly use the electric fireplace & warnings with use, the new w/d (that has as many buttons & knobs as a airplane cockpit), new stove with all the fancy buttons/gadgets on it, etc. A copy of all instructions for every appliance is in a binder in every kitchen closet, again, for convenience for them & a maintenance worker should I need to call one for service.
It may sound like "Wash, rinse, repeat", but it protects my property as their signature indicates they understand proper usage & the last clause is that they absorb financial responsibility in a case of negligence/carelessness with improper usage. That always gets them to take me more seriously, gain the most from appliances that are supplied for their convenience, protect my investments & it is perfectly legal.
By the way, the reason I'm mentioning these things is I also feel these 3 things protect a tenant. They know they're not responsible for fixing anything should it break with reasonable wear & tear. It's normal, everything will eventually break - toilets, shower handles. They don't have to risk that I will hold them responsible for every repair or every little sign that there was someone inhabiting the unit. They know what normal wear & tear is because I enclose a document that the state of MA deems is such with the addenda. Deep gauges in my hardwood floor from dragging furniture isn't normal w&t... surface coatings worn away in a common foot path area is normal w&t.
I'm just trying to give you a better understanding of the biz side of the lease & stress the importance of knowing what you're signing. I was a lot more nervous as a renter until I read the laws of each state I've lived in.
Good luck... VV
Here's a link from the PA State Gov't site on renting:
In the past, I've suspected landlords of entering without notice and snooping... the best way to catch em? Change the lock! Keep the original, be home for scheduled maintainence... and when you KNOW they're coming, change it back. It only takes a minute.
The landlord I suspected of snooping "just happened" to call two days after I changed the lock, telling me he just wanted to take a quick look at the electrical box... yeah right! He asked if I'd changed the lock or if he could just come by. He made an appointment to come by the next day at 3pm. I told him I didn't change the lock, called in sick the next day, moved my car and waited at a neighbor's. At 10am, he came by, tried to get in, couldn't, mumbled to himself and left. I changed the lock back after he left. When he came by at the scheduled time, he was in a really bad mood, asked me again about the lock. I told him to check it. He did, got even madder and left... forgetting he "needed" to check the electrical box. I changed the lock back to my new one, put a motion alarm on the door and never again was my underwear missing.
Perverts! I always change the lock now... there's only one way they'll ever find out, and that's if they do come in without notifying you. Most will have a hard time coming up with a valid reason they had to enter without notice, so it's not likely they'll directly confront you.
Last edited by sskkc; 02-10-2008 at 11:47 PM..
Reason: clarification
In the past, I've suspected landlords of entering without notice and snooping... the best way to catch em? Change the lock! Keep the original, be home for scheduled maintainence... and when you KNOW they're coming, change it back. It only takes a minute.
Hi SS -
This is too creepy. I dislike these stories. I've had only 1 Seattle landlord, but several maintenance men supplied by my Atlanta complex far too interested in my lingeree drawer & had missing articles of clothing, too, mostly workout gear. Are they "shopping" for their girlfriends?! Never could prove anything (how can you when you leave at 7am & return at 7pm or later?) & really the only legal, proof positive way is to have a camera installed in the apt. These gadgets are far more common now, so probably inexpensive & since I will be moving & becoming a renter in about 6-mos, I'm going to look around for one. In a roundabout way, perhaps notifying the landlord that a camera is in place will keep them at bay from the beginning? Just thought, too, those voice activated tape recorders I suppose could be tucked out of site near the front door, although, it doesn't necessarily prove who was there, just that someone was. But, this may alleviate fears in those who have a suspicion about someone who is gaining access to their rental.
I can't remember in which forum, but I posted 6-months or so ago about a creepy next door neighbor who crawled into my ceiling one evening by climbing into the crawl space above both our apts, gaining access through the unlocked storage closets the complex provided. They forbade keys/locks of any kind on the outdoor closets, so I stored nothing there, but couldn't lock it & had no bloody idea you could crawl into the house through it! He fell through the ceiling onto my bed. Yikes! Fortunately, my roommate & I returned home at the same time (very unusual) & after it happened. The inebriated fool knocked himself out by hitting his head on my nightstand... but believe me, if one prayed for a half-dressed man to come falling through their ceiling... trust me, by any standards, this surely wasn't the one!
I'm not dismissing why you chose to do this, but, be very wary of this & know your state laws. Most states have it hardcoded into the standard RHA lease agreement that it's against the lease/law for a tenant to change the lock without the landlord's permission. Again, this doesn't excuse his creepy behavior (a camera or motion detector you mentioned can be legally used), but should the apt be on fire or have broken plumbing & he cannot gain access because you're not home, you would most certainly be sued for damages.
Note: I have the locks rekeyed or changed each time a tenant changes over (outside & inside doors), so an old tenant, someone they've given keys to or someone who unbeknownst to them took/found their keys, can't gain re-entry. A landlord must have a key to their own property... like it or not, so you'd still need to hand over a new key & therefore, this wouldn't address the issue of an unsavory landlord who crosses the line.
Quote:
The landlord I suspected of snooping "just happened" to call two days after I changed the lock, telling me he just wanted to take a quick look at the electrical box... I called in sick the next day, moved my car and waited at a neighbor's. At 10am, he came by... I changed the lock back after he left. I changed the lock back to my new one, put a motion alarm on the door and never again was my underwear missing.
I always change the lock now...
Honestly, this is an incredible amount of work to go through. Firstly, I hope he's not still your landlord & you've moved on. Was there no way to dissolve the lease? I'm guessing it wasn't month-to-month, but a long term? Also, I'm guessing you're male, as it would take me an entire day to change a lock... no, wait... I actually tried & couldn't do it, so called the locksmith to finish after 4-5 hours, no kidding. He's not expensive, but I always try to save $ if I can.
How did your motion detector work for you? Was it set off by passersby or only if someone rattled the knob... meaning, did it go off each time you entered the apt? I did hear about motion sensors that are the sound of a barking dog... supposed to keep intruders at bay. Not sure how this would fly for a renter in a no-pet building (which are incredibly common these days), but I have heard about folks, particularly single women, who liked them. I'm just thinking that eventually, someone will wonder why they hear your giant dog but never see you walking it... so it may not help with neighbor B&E, such as in my case.
As a landlord, I find it deplorable that a landlord, property manager, maintenance worker or in my odd experience, creepy neighbor, would maliciously enter a tenant unit & riffle through their belongings. How dare they. I have a friend who was waiting for a cable installation, the landlord let him in as he stepped out just to run an errand & he says someone was figiting with his laptop. Amazing. But, as I mentioned before... I leave nothing important "out"... credit cards/slips/statements are locked away, as are bankbooks/statements, family addresses/#'s. Hate to say it, but I just assume that when I'm a renter, there's a chance someone may be in my house when I'm unaware, particularly as I normally live in big cities in giant rental complexes. Maybe I've been locking up the wrong stuff... I need a lockbox for lingeree & workout clothes!
I'm sorry to hear these stories, but tenants need to fight back in the best way legally possible... I'm seeing that as a camera. I'm going to begin searching, since I may be renting in a state before long that has no statutes for prior notification of entry.
In the past, I've suspected landlords of entering without notice and snooping... the best way to catch em? Change the lock! Keep the original, be home for scheduled maintainence... and when you KNOW they're coming, change it back. It only takes a minute.
Perverts! I always change the lock now... there's only one way they'll ever find out, and that's if they do come in without notifying you. Most will have a hard time coming up with a valid reason they had to enter without notice, so it's not likely they'll directly confront you.
For those of us who rent w/ roommates, just put a lock on your interior door. My apartment was unique in the fact that it had two exterior doors, and we didn't have a key for the 2nd door that went right to my room. I wasn't kosher with that, so I changed that lock with my own, and when I left, I changed it back.
Though, as Kitten stated, if your landlord cannot enter the apartment in case of emergency, you will at least be charged for the replacement of the door as the Fire Department kicks it in.
First, I'm a woman. I found changing a lock to be a very simple thing... instructions are on the package.
Second, I've only rented in one complex apartment (with my husband when our 1st was born... never again!). The rest of my late teens/early 20s, I rented duplexes or townhomes. Right now we're in a house.
I'd like a landlord to explain to me what emergency required him/her to drive all the way across town to get to the rental, but didn't allow for enough time to notify me they wanted entrance. All leases I have signed have stated that landlords can enter without notice in case of emergency ONLY. I wouldn't sign one without that caveat.
As to my creepy landlord, he didn't live in the state, but whenever he visited, I'd have these issues... about every six weeks. After I changed the locks, it never occurred again, so I didn't feel like I needed to move. I guess that's why the rent was so cheap though, eh?!
The motion sensor I used was similar to the window things now... if the magnetic connection breaks, a piercing squeal goes off and doesn't stop til the thing's reset. My grandma bought it for me... along with a baseball bat and doorstops (to put in once I was home for the night). My neighbors never complained -though the thing went off every night when I came home for a few seconds.
In my 18 years of renting, I've never had to pay to have a door replaced because a fireman kicked it in. I'd like to know what fire departments would wait for a landlord and key before rushing in to save a suspected dying person or put out a fire.
Again, I don't typically rent in complexes, so I'd like to know how a landlord would get there first with a key anyway.
In complexes, a camera might make more sense, but a key change... well, there's only one way for a landlord to find that out... if they're going in without your knowledge. And the only reason a landlord would object is because they WANT to go in without the tenant's knowledge.
Again, I would never sign a lease though that allowed a landlord in without my permission... I guess every state I've lived in must've allowed that to be part of the lease. ( IL, MO, OH, MI, CA, FL, NM, CO)
First, I'm a woman. I found changing a lock to be a very simple thing... instructions are on the package.
Second, I've only rented in one complex apartment (with my husband when our 1st was born... never again!). The rest of my late teens/early 20s, I rented duplexes or townhomes. Right now we're in a house.
I'd like a landlord to explain to me what emergency required him/her to drive all the way across town to get to the rental, but didn't allow for enough time to notify me they wanted entrance. All leases I have signed have stated that landlords can enter without notice in case of emergency ONLY. I wouldn't sign one without that caveat.
As to my creepy landlord, he didn't live in the state, but whenever he visited, I'd have these issues... about every six weeks. After I changed the locks, it never occurred again, so I didn't feel like I needed to move. I guess that's why the rent was so cheap though, eh?!
The motion sensor I used was similar to the window things now... if the magnetic connection breaks, a piercing squeal goes off and doesn't stop til the thing's reset. My grandma bought it for me... along with a baseball bat and doorstops (to put in once I was home for the night). My neighbors never complained -though the thing went off every night when I came home for a few seconds.
In my 18 years of renting, I've never had to pay to have a door replaced because a fireman kicked it in. I'd like to know what fire departments would wait for a landlord and key before rushing in to save a suspected dying person or put out a fire.
Again, I don't typically rent in complexes, so I'd like to know how a landlord would get there first with a key anyway.
In complexes, a camera might make more sense, but a key change... well, there's only one way for a landlord to find that out... if they're going in without your knowledge. And the only reason a landlord would object is because they WANT to go in without the tenant's knowledge.
Again, I would never sign a lease though that allowed a landlord in without my permission... I guess every state I've lived in must've allowed that to be part of the lease. ( IL, MO, OH, MI, CA, FL, NM, CO)
The issue with the fire department is more pertinent to complexes, where a manager would be on-site with keys, and may be able to respond faster than the fire department to open the apartment and save the door.
When your manager/landlord doesn't live on the premises, the fire department is going to be there first (we hope).
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Of course, I mention certain "quirks" such as it being a non-smoking building in the ad while searching for tenants, but, it's astounding how many people think that lease term doesn't apply to their guests, or that anyone can smoke on the wooden deck. In the state of MA, the phrase "non-smoking building" means no smoking in, on or around the owner's premises (house & land). This is an example of why it's necessary to review each term in the lease together.
Correction to PA statutes...
He fell through the ceiling onto my bed. Yikes! Fortunately, my roommate & I returned home at the same time (very unusual) & after it happened. The inebriated fool knocked himself out by hitting his head on my nightstand... but believe me, if one prayed for a half-dressed man to come falling through their ceiling... trust me, by any standards, this surely wasn't the one!
