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Landlord entered apartment without permission with tenants present

This is a discussion on Landlord entered apartment without permission with tenants present within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I was just wondering if I have any case here..... My mother lives in a housing authority and this morning ...

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Old Jun 4th, 2012, 10:22 PM   #1
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Default Landlord entered apartment without permission with tenants present

I was just wondering if I have any case here..... My mother lives in a housing authority and this morning the landlord/manager came over and started beating on the door without any notice. My mother answered the door and he told her he needed to come in and asses te damages from a storm that happened a few days ago. There was no damage to the house.... My mother told him it was not a good because her and my sister were sleeping and he had just woke them up. He told her he was coming in now and he did. She told him he wasn't dressed and my sister was still asleep but he continued. He then entered my 17 year old sister bedroom where she was sleeping in her under garments He continued as If nothing was out I the ordinary. We called the police but of course...nothing they could do. Any advice would surely be appreciated. Thank you.
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Old Jun 4th, 2012, 11:04 PM   #2
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Default Re: Landlord entered apartment without permission with tenants present

I wish to inform you that landlord can come to house during normal business hours for accessing damage. Further your state laws will determine entry of landlord. Generally the landlord has a right of reasonable entry to make an inspection. Further except in the case of an emergency, landlords are advised to notify the tenant and reach a mutually acceptable agreement about the specific time of entry.

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Old Jun 5th, 2012, 01:08 AM   #3
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Default Re: Landlord entered apartment without permission with tenants present

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Originally Posted by Mbsifers21 View Post
I was just wondering if I have any case here..... My mother lives in a housing authority and this morning the landlord/manager came over and started beating on the door without any notice. My mother answered the door and he told her he needed to come in and asses te damages from a storm that happened a few days ago. There was no damage to the house.... My mother told him it was not a good because her and my sister were sleeping and he had just woke them up. He told her he was coming in now and he did. She told him he wasn't dressed and my sister was still asleep but he continued. He then entered my 17 year old sister bedroom where she was sleeping in her under garments He continued as If nothing was out I the ordinary. We called the police but of course...nothing they could do. Any advice would surely be appreciated. Thank you.
Absent proper notice (if required by your state's LL/T laws), the LL would need your mother's permission to enter, which she gave by opening the door and allowing him inside. She did not need to allow him in and could have refused him entry. If he insisted, she could and SHOULD have called police to report the matter at that time before allowing him in.

In an emergency, the LL does have the right to enter without the permission of the tenant. In your mother's situation, if she refused him entry, he could have called the police to gain entry if it truly were an emergency, and they would have demanded that she let him in. If it was NOT an emergency, then the police would have supported your mother and told the LL to give proper notice and return once he had done so.
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Old Jun 5th, 2012, 12:11 PM   #4
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Default Re: Landlord entered apartment without permission with tenants present

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Originally Posted by Mbsifers21 View Post
I was just wondering if I have any case here..... My mother lives in a housing authority and this morning the landlord/manager came over and started beating on the door without any notice. My mother answered the door and he told her he needed to come in and asses te damages from a storm that happened a few days ago. There was no damage to the house.... My mother told him it was not a good because her and my sister were sleeping and he had just woke them up. He told her he was coming in now and he did. She told him he wasn't dressed and my sister was still asleep but he continued. He then entered my 17 year old sister bedroom where she was sleeping in her under garments He continued as If nothing was out I the ordinary. We called the police but of course...nothing they could do. Any advice would surely be appreciated. Thank you.
A landlord is allowed unde the law to enter a property without the standard 24 hours advance notice in cases of an emergency, to inspect for damage as was the case here. Since the storm had occurred a couple of days prior, he could have called to give notice he was coming over, though.
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Old Jun 5th, 2012, 02:24 PM   #5
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A landlord is allowed unde the law to enter a property without the standard 24 hours advance notice in cases of an emergency, to inspect for damage as was the case here. Since the storm had occurred a couple of days prior, he could have called to give notice he was coming over, though.
The real issue is that it wasn't an emergency and she asked for a few min to get dressed for heavens sake...and also wake up my sister so she could get dressed.... I understand he has te right to enter but damn this is there home.....she was being cooperative with him but isn't she entitled to any privacy
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Old Jun 5th, 2012, 02:26 PM   #6
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[QUOTE=sandyclaus;261135]Absent proper notice (if required by your state's LL/T laws), the LL would need your mother's permission to enter, which she gave by opening the door and allowing him inside. She did not need to allow him in and could have refused him entry. If he insisted, she could and SHOULD have called police to report the matter at that time before allowing him in.

In an emergency, the LL does have the right to enter without the permission of the tenant. In your mother's situation, if she refused him entry, he could have called the police to gain entry if it truly were an emergency, and they would have demanded that she let him in. If it was NOT an emergency, then the police would have supported your mother and told the LL to give proper notice and return once he had done so.[/QUOTE


She didnt let him in.....she opened the door to see who it was then he asked to come in...she said no and he walked in past her
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