Land lord breaking and entering

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pernicus

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Dec 11, 2007
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location- Alabama

i just got a 48 hour notice from the land lord that they are doing a maintenance inspection...which would all be fine and etc except for they plan on doing it tomorrow and i'm taking an exam tomorrow

in the letter it says

Friday 10/17/08 we will be conducting a mandatory apartment inspection. we will need access to all areas of your apartment if we do not have keys for your apartment we will drill the lock and replace it at your expense. This is a maintenance inspection of the condition and maintenance needs of your apartment

I refuse to just hand over my keys and let someone look through my apartment while i'm not there, does this not constitute breaking an entering?
 
Depends on your lease agreement. There's often a clause which allows them entry under certain conditions with notice. Read it and see.
 
Check Alabama law. I'm not sure but iirc they actually have to have a response from you and schedule a specific time (not just 'tomorrow') to inspect your apartment.

Most apartment complexes are very general about when they do inspections because they have so many. My guess, however, is that if you go down to the office and ask to be there when they inspect they will do so. They are just vague in general because most people don't care.

Alabama also has recently passed lease laws which place more restrictions on landlords (regardless of what the contract says).

As for keys, the landlord generally is allowed to have a copy of your keys. The lock replacement if they don't is pretty standard. Again, if they don't have a key offer to make a copy for them instead of replacing the lock. The landlord is allowed to enter your home without permission for emergencies (like water leaks or fire, etc).

Basically... talk with the landlord. Most of them are accommodating for this type of thing as they don't want their tenants to go all rambo on them.
 
That's odd. They don't have a key?

I mean, I don't currently have a key to the place we own, but AFAIK our property manager does have one.
 
it is there policy that the tennent has the only two keys...why they would make a policy like that and then say that they will drill locks is beyond me...probably just something to make you feel safe initially and then later an excuse to charge you way more than a locksmith would charge to R&R a deadbolt
 
I had my apartment inspected recently. EVERYTHING of value was locked up, and I was there anyway. :)

They did wonder what all the locked cabinets were for, the safes, etc. No answers from me, though.
 
Bet your lease allows for inspection by the owner. Not uncommon and not unreasonable.

you don't read well

I don't have a problem with them inspecting the property, it's the threat that they will break into my apartment to inspect it if I am not there and they only give 48 hours notice of inspection--I have a serious problem with someone entering my apartment while I am not there
 
It ls legal for ANY land lord to enter a rented unit for any reason with 24 hours notice. In Emergency, No notice is required.

You are renting someone elses property.

Not uncommon and not unreasonable.
Click to expand...
 
Past experience

The letters that are sent are usually more bark than bite! I've found that being friendly and conversant with property managers almost always results in more favorable "treatment"... Most people enjoy a little "chatting up" ( especially the control freaks), and I don't know if I've ever met someone who didn't offer a little support (verbal or otherwise) when they knew I was going to college... Being the reticent technical type (EE), my wife would say I'm a horrible communicator; that said, if I were in your place, I'd simply stop by the management office and explain that you want to be there for the inspection but are cramming for a test, yadda yadda... Invite them to come on Saturday , or "right now" because you are taking a 20 minute study break (they won't but it sounds like a concession on your part!)...

Back in the day, I had a property manager stroll through my apartment only to find one of the apartments' pool chairs in my place... Long story, but I was not evicted, and talked myself into a first floor apartment (saved a lot on my electric bill!).

In another instance, I had a roommate move out with four months to go on our lease (yeah, he had girl problems). I was co-op'ing every other semester, and carrying 18hrs when I was in session... My "savings" couldn't cover until I went back to work. I spoke with the manager (many times!), and paid the last two months' rent a week (sometimes days) at a time as I hustled a few odd jobs. Never paid a late fee...

Go talk to them, worst case, you waste your time. Best case, you get a friend and ally, and your privacy!
 
Well, they just want you to give them a key. Inspectors cost money, and time is money.

It's a catch-22. Some tenants wouldn't report something like a dishwasher leak, which can cause thousands in damage rather quickly. The landlord has a right to keep their property from being destroyed. OTOH you have a right to privacy. 24 hours is usually sufficient legal notice, though, so they're giving you double what they have to.

Their policy is silly; I'd rather have them have a key. What if you're out of town and there's an obvious problem with the place, like water or smoke coming from it? I'd rather have them just use a key and go in.

If they would drill the lock anyway, their not having a key doesn't keep them out.

(I'm currently a landlord and a tenant, BTW. I really do see both sides of the thing.:) )
 
You're not in the exam all day.
Talk to them and see if you can arrange for the inspection while you can be there.
In any event I find this "inspection" outrageous.

AFS
 
It ls legal for ANY land lord to enter a rented unit for any reason with 24 hours notice. In Emergency, No notice is required.

You are renting someone elses property.
Click to expand...

factually incorrect,
alabama state code said:
§ 3.103. Access
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the
dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations,
alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant in case of
emergency.
(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in
case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 2 days’ notice of his intent to enter and may enter only at reasonable times.
Click to expand...

and there is no provision stating that, my being present at the time of entry would make it an unreasonable time
 
You're not in the exam all day.
Talk to them and see if you can arrange for the inspection while you can be there.
In any event I find this "inspection" outrageous.

AFS
Click to expand...

ever been to medical school?

my written exam is from 8 am to 1pm and then i have a clinical examination and practice time with endoscopy and laproscopy till 9pm that night


edited for specificity
 
Hey pernicus, you're getting pretty obnoxious for someone asking for help. I don't read well? Why don't you read your own lease. If you don't like it, move. Geez!
 
Hey pernicus, you're getting pretty obnoxious for someone asking for help. I don't read well? Why don't you read your own lease. If you don't like it, move. Geez!
Click to expand...

it's not a matter of being obnoxious, your statement does not address what i was talking about, and was rude.

i never, at any point, stated that i had a problem with the inspection

i have a problem with an inspection while I am not present,
I refuse to just hand over my keys and let someone look through my apartment while i'm not there, does this not constitute breaking an entering?
Click to expand...

as noted from previous statement^

i simply wanted more information from some one who knows the laws better than i can google not someone just meandering around saying "tough get over it"
 
Quote:
It ls legal for ANY land lord to enter a rented unit for any reason with 24 hours notice. In Emergency, No notice is required.

You are renting someone elses property.

factually incorrect,

Quote:
Originally Posted by alabama state code
§ 3.103. Access
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the
dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations,
alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant in case of
emergency.
(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in
case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 2 days’ notice of his intent to enter and may enter only at reasonable times.

and there is no provision stating that, my being present at the time of entry would make it an unreasonable time
Click to expand...

In CA I need only give 24 hrs. notice for any reason. Emergency means broken pipe overflowing water, electrical, gas issues that require immediate attention for safety issues.
 
It ls legal for ANY land lord to enter a rented unit for any reason with 24 hours notice. In Emergency, No notice is required.
Click to expand...

Depending on the state laws, some are 24 hours, some are 48 hours, some are 72 hours, some state that it MUST be at least one week, etc.

I worked for a property management company. The correct way to go is to request a scheduled appointment because you'd like to be present during the inspection. They should have no problem with that, and if they do it raises a red flag and you should think about moving anyway. :)
 
most states have laws that allow land lords in if given notice ahead of time.

In my state, all it takes is written or a verbal( anyone with a brain uses written or both) heads up 24 hours in advanced. That is unless there is a emergency, then I don't need to give a notice. I have several contracts with land lords, I personally hate going in with out the tenant there or atleast "in the know" of whats going on. I have had to break in several times over the year. I do my best to contact the tenant, but some times you just can't get ahold of them.


Sucks but thats part of life, If you don't trust your land lord... then maybe you should find another.
 
Just lock up all your guns, ammo and sex toys, and you'll be fine.
Click to expand...

i can't lock up the fleshlight...i super glued it to the dining room table so that i could put both hands on the table to get a good push :banghead: i need to be there so i can stand in front of it :cool:


but no really

it's hard to fit a electronics and car parts into a gun safe
 
well take a bunch of pics... get the serail numbers. If they disapear, go after your land lord.
 
Sucks but thats part of life, If you don't trust your land lord... then maybe you should find another.
Click to expand...

it's a major apt complex with 500+ units, the land lord is a corporation--with 24 hr maintance on staff etc but i don't know all the maintanence personel...and just because you fixed a leak that one time doesn't mean i trust you in my house alone...there are less than 10 people i know that i would actually 100% trust with a key to my apt and i've known all of them more than the 4 months i've lived in this apt lol

and I'm probably predjudice to begin with since i had a problem with this in the past when i lived at home in college and one of the guys working for the person remodeling the upstairs bedroom stole from me
 
well take a bunch of pics... get the serail numbers. If they disapear, go after your land lord.
Click to expand...


trust me, if you were actually to catch some one stealing from your apartment, not only would you get all your stuff back( or money for them, which is most likly) you would not be paying rent at a diffrent apartment complex for alteast 6 months.
 
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