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Looks like you covered your bases... I would go by what the attorney general in your State recommends...
As an aside... I can't tell you how glad I am to be out of the appliance business They always break at the worst time, many times the tenant is culpable and no matter what anyone says... I'm not capable of lugging a refrigerator up a flight of stairs by myself.
Last edited by Ultrarunner; 01-18-2010 at 09:30 PM..
Reason: typo
It's all in the details. OP didn't say the LL kicked in the door, they said the LL kicked on the door. Kicking on the door is not illegal. A LL damaging their own property is also not illegal.
And legally, when a tenant notifies the LL of needed repairs, that notification serves as the tenant's granting of permission for the LL to enter the apartment to make said repairs.
I didn't say they kicked in the the door, either, I said kicking the door. If the landlord was not there to make requested repairs, and did not give notice that they were coming for some other reason, they had no right to be there. It does constitute harassment, if the landlord is doing that. The OP does not state outright that the landlord came for other reasons, but it is implied (who would schedule repairs for a day they had surgery?). I'd be interested to know the details on that.
If the landlord damages the property, and then attempts to charge the tenant for the damage, that IS illegal. The OP should be documenting every step of the way, because this landlord smells like yesterday's diapers.
I have rented for many years - like, 30 - and I have never had a landlord behave in that manner. All have been professional, and have followed normal procedures and the terms of the leases. I've rented in New Jersey, Delaware, Maryland, and Arizona, and while some of the laws differ, most are pretty darned similar, and they prohibit many of the actions it appears this landlord is taking. The OP will have no recourse without documentation and/or witnesses. If you can't prove it, you don't have a leg to stand on.
I am not judging your situation, but If I ask a prospective tenant why she left her previous apartment and if the response starts with
Quote:
I am literally being harassed and constantly disrespected by my landlord.
I pass on this tenant. I have no idea what she feels she is entitled to in terms of respect but I want nothing to do with it. I am not even sure I know what "literally being harrassed" means...
Knocking on the door is not illegal, if it's not an appropriate time, that's all the tenant needs to say. Your right, repeated, poor judgment and conduct on the part of the LL would be harrassement.
Quote:
Originally Posted by Emeraldmaiden
I didn't say they kicked in the the door, either, I said kicking the door. If the landlord was not there to makerequested repairs, and did not give notice that they were coming for someother reason, they had no right to be there. It does constituteharassment, if the landlord is doing that. The OP does not state outright that the landlord came for other reasons, but it is implied (who would schedule repairs for a day they had surgery?). I'd be interested to know the details on that.
If the landlord damages the property, and then attempts to charge the tenant for the damage, that IS illegal. The OP should be documenting every step of the way, because this landlord smells like yesterday's diapers.
I have rented for many years - like, 30 - and I have never had a landlord behave in that manner. All have been professional, and have followed normal procedures and the terms of the leases. I've rented in New Jersey, Delaware, Maryland, and Arizona, and while some of the laws differ, most are pretty darned similar, and they prohibit many of the actions it appears this landlord is taking. The OP will have no recourse without documentation and/or witnesses. If you can't prove it, you don't have a leg to stand on.
First of all, know your rights as a renter, your state should have landlord/tenet laws check them out, most states will have them accessible via internet.
In Oregon, for example, a landlord can not enter the home without a 24 hour notice, this even applies if you are home and the landlord request entry.
This is what gives me pause about this situation, from the original post:
"I've contacted homeline, the attorney general office, legal assistance at my school, and legal aid and everyone is telling me the same thing. I can take her to court and sue her or I can leave it alone."
It appears that everyone official (I'm assuming Homeline is the local tenants/landlord's group that mediates such things and advises tenants on their rights - OP, correct me if I'm wrong about that and if it isn't, you should talk to that group locally) who would be likely to be on the tenant's side has reviewed the situation and is giving her the same advice and she doesn't like what she's hearing and is coming here hoping that someone here, without the full situation in front of them that these other entities would have, will tell her something that she likes better.
" I can take her to court or leave it alone" this says it all, the decision rests with the OP, IMO, there seem to be a couple fill in the blanks though.
To texashorselady reply: It's not that I don't like what I hear when I am seeking help from local organizations. The legal assistant from my school has contacted her personally and she has also swore at them and hung up the telephone. My landlord is simply ill mannered. I posted the options I was getting and honestly, taking her to court would be to time consuming. I am a single mom, part time employee, and a senior going for my BA degree. Time is important. I can give you her number and let her yell and swear at you, and then you can tell me if she inappropriate or not.
now i eally think we got the landlord from hell hes always neither high strung on his coke or drinking or both hes over everyday drunk asking for a ride weve never been late at all with our rent on april 1st we gave him a money order for rent well needless to say he ending up ruining so he couldnt cash it he drag me around all over trying to help him cash it and noone would so he had me call to try to get it replaced and i did well he didnt get it yet so hes been calling me everyday hollering about it and calling me names and swearing at me hes got me so scared that im afraid to even go out side you see on top of everything else yes the worse he also lives next door to us
Last edited by Ultrarunner; 10-08-2013 at 12:10 PM..
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They always break at the worst time, many times the tenant is culpable and no matter what anyone says... I'm not capable of lugging a refrigerator up a flight of stairs by myself.
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