MD- Landlord's right to open cabinets and closets?
This is a discussion on MD- Landlord's right to open cabinets and closets? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in Maryland and have been renting a 3 bedroom condo from the same landlord for 5 years. I ...
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#1 |
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I live in Maryland and have been renting a 3 bedroom condo from the same landlord for 5 years. I am a good tenant - clean, nonsmoking, pay rent on time etc. My landlord always gives me at least 48 hours before coming. On Tuesday, my LL and an appraiser came to inspect for a refi on their part. I asked LL to check dryer and leaking window. He decided he needed to come Saturday at 10 to look at these issues. We agreed on that time and all was ok.
Background - LL is older man. Lease has his name and his daughter signed on it as owners. Strangely, his son-in-law (married to that daughter) always accompanies him to repairs. He is NOT on lease. He does act as if he is the owner. Son in law told me he has this right because he is married to the daughter and she is part owner??? While they were here, the son-in-law opened cabinets and closets without asking on the premise he was checking things like the furnace filter and garbage disposal. They were here to repair window in my bedroom and the dryer, not look in my private spaces. I felt very humiliated. As if I was a child and they were parents checking things. I have no problem with them inspecting their investment, but isn't it common courtesy to ask before opening such things if that is not the purpose of the visit? SHouldn't they schedule an inspection if that is what they want to do? Then, while waiting for caulk to dry on window, LL walks around condo spot painting marks on the walls. I asked him twice not to do this because I didn't know where he was painting and I have a 12 yr old son. The walls are not heavily marked and there are no damages beyond normal 5 yr wear and tear. H even walked into my son's bedroom, closed the door and stayed in their painting I guess? I finally knocked on the door and asked him if he was oK. He said he was checking the room and painting. ![]() I feel very upset and I am not sure if I am overreacting. What are my rights when it comes to this? I do NOT want them in my condo when I am not here because I believe the son-in-law looks in closets and cabinets. I have nothing to hide, but prefer they not know my depression meds or that I have bathroom issues and need certain medications. What expectation of privacy do I have, if any? Are LL permitted to open private areas like bathroom cabinets without asking? AM I allowed to say they are not allowed in my condo when I am not here? I feel like a 3 yr old with no privacy. LL always gives me proper notice and he is not my issue - the son-in-law is. The rent check is made out to the LL. Thank you for any help or advice! |
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#2 |
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Top Level Member
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I wish to inform you that in Maryland a balance has to be maintained between landlord's right and tenants rights of privacy. In this regard your cabinets can be covered under your privacy rights and thus you can claim
rights to privacy and can refuse landlord. If your land lord intend to check cabinet for repair or other valid reason then he must give a prior notice so that your rights are not violated. You may inform your rights to your landlord so that there is no violation of any future rights. AFF |
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#3 |
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You may tactfully describe the son-in-law's conduct and that you do not mind the landlord or his repairmen coming in with thoughtful notice, as he has always given, but that you feel the son-in-law is intruding on your privacy and you would appreciate it if he would speak to him about it and/or limit the inspections to the landlord only and duly licensed professional workmen.
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#4 |
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Thank you for the advice. I am a teacher, so I am unfamiliar with the laws and expectations of landlord's right to enter and where they can go. I felt violated, but wasn't sure what the "rules' were so to speak.
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#5 |
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The son in-law does not own the property merely by virtue of his wife's name being on the least with her father's. The only way he can own the property in any form is if his name is on the deed. Not the lease.
If your landlord doesn't mind the son in-law tagging along and brings him for jobs, that indicates he's comfortable with the son in-law and things aren't likely to change anytime soon in that regard. The landlord can inspect the premises - including the cabinets and closets. It might not be a long term solution and there really isn't anything you can legally do about the situation as is, but since the landlord gives such advance notice, wouldn't it be prudent to stash your medications in your purse when you know the son in-law is going to be on site? You can't tell the landlord who he can and cannot have accompany him when he enters for repairs and maintenance. Sorry but there's not much you can do. |
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#6 |
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Now I am really confused. If the LL is coming to do a repair on an appliance NOT in a cabinet or closet, where does he have the right to inspect?
Does the son-in-law, husband of joint title holder, have the right to open my cabinets and closets without asking first? I have been studying Landlord's Right of Entry laws and I cannot find any reference to specific areas of inspection or what the LL has to do when he is coming on the premise of making a repair. I am so sorry to be a pest, but this has really upset me. Thank you. |
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#7 |
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Top Level Member
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A landlord has a right to enter to; (1) maintain the property, do needed repairs; (2) in an emergency, like fire, a unit flooding, (3) if the property appears abandoned. His right to enter goes to legitimate reasons to protect and preserve the premises.
A man's home is still his castle, albeit leased. No one has the right to invade his castle, go through personal belongings, snoop, show up without notice and expect entry. One can be diplomatic and nice about it with the landlord and if the message does not get across, tell the snoop if he shows up again, "If you are not here to repair such and such, stay out of it!" |
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#8 | |
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Quote:
You also said in your original post that it was not the landlord doing these "inspections" yet you went on to say it was the landlord who went into your son's room, shut the door and remained in there for quite some time. It's unclear which person you have the problem with. The landlord or the son in-law, or perhaps both? The landlord or anyone the landlord authorizes has the "right" to open cupboards and cabinets. They don't need to make separate appointments to inspect and repair. They can do both at the same time. If you're this upset, you could always put in writing that you feel uncomfortable with the landlord's son in-law being in your unit. You can also put in writing that you feel your privacy is being violated and advise that unnecessary "inspections" won't be tolerated. Keep in mind that after putting him on written notice will make for bad relations after that. But you have to do what you have to do if you're that upset by a couple of cabinets being opened. Did he shuffle through your stuff or did he merely open the cabinet doors? |
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#9 |
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You said in your original post that the son in-law's name was on the lease. Not the title. The guy's name being on the lease means diddly squat as far as actual ownership goes.
Mr. A is the older man. His daughter is Missy and she is married to Ned. Mr. A and Missy's names are the only ones that are on the lease and title. Ned told me because he is married to Missy, he is technically an owner too. Sorry, did not intend to confuse. I checked the original email and it says son-in-law is not on the lease. You also said in your original post that it was not the landlord doing these "inspections" yet you went on to say it was the landlord who went into your son's room, shut the door and remained in there for quite some time. It's unclear which person you have the problem with. The landlord or the son in-law, or perhaps both? Son-in-law was main issue because he is the one who went into closets and opened kitchen and bathroom cabinets without asking. My main issue, which sounds like it is legal, is can they do this without asking me first. I suppose to me it is a courtesy for them to say, "while we are here we would like to check closets and cabinet sturdiness." I felt that was rude and this is not the first time he has done this. The son-in-law has opened the fridge and put drinks in for himself without asking. I am sorry, but that is rude! I am bothered by the total lack of respect. I am fully aware that they look down at me and that is part of what bothers me. I live in an uppity area and I am one of the only renters. I am just asking for basic respect. I have decided as a result of your emails, "UNREGISTERED GUEST", that it is probably best that I move at end of lease. If this is the LL's right, I want to come to an understanding before the I sign a lease that my privacy will be respected. If you want to do an inspection, then schedule an inspection and we will do it. Don't come to my home on another premise and start opening things and walking into closed rooms without just a basic courtesy. I want to feel it is my home. I would understand if I were sketchy or kept the place a mess. I am an elementary teacher and keep the place as organized as a classroom. It has been like that since 2007 and has not changed. I appreciate everyone's advice and explanations. I realize the LL has a right to maintain his property, but there is also common sense courtesy to use with your tenants. How would they feel if I came to their house and started opening cabinets and closets without asking?
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#10 | |
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Yes, it would be best to move if you can't come to an understanding with the hillbilly you're renting from now. It may be an "uppity" piece of property but you can see plainly that utter hillbillies own and maintain it if this is how they treat other people's space. Lots of landlords are guilty of this type of behavior. They simply aren't cut out to be landlords. The son was way out of line bringing anything to your home and putting it in the fridge for consumption. That is just outrageous. I would have been inclined to take it back out and instruct him to leave. And that IS your right. I would have video taped his actions. In fact, next time, do so. Perhaps your questions needs to be posed to them. How would they feel indeed. I would be remiss to ever allow the son in-law back into the home and I'd put in writing that I don't want him there. Until your lease is up, put your landlord on written notice that this type of behavior will not be tolerated and that the son in-law is not welcome in your home. You are paying rent to use that space and you are legally entitled to privacy and quiet enjoyment. |
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