or Connect
TheCatSite.com › Forums › General Forums › The Cat Lounge › Legal question & problem
New Posts  All Forums:Forum Nav:

Legal question & problem

post #1 of 13
Thread Starter 
Ok...here's the scoop. I'm ticked off at my Apartment Complex right now & don't know if I have legal standing on this or not.

Today I got a call while I was at work & I wasn't able to answer my phone. When I checked my phone, I had a voicemail from my landlord. It said "Michelle, just thought I'd let you know that we got the storage door that we ordered & maintance will be up there to install it. If you have questions, please call us". Ok, that's fine....but I didn't request a new storage door. So, I called her & she said the same thing as the voicemail. I asked her when he was going to do it & she said that he was actually in my apartment doing it as we spoke. I asked her why I needed a new door & she said that the hinge was broken (which I don't recall) on the storage door that is on my balcony.

So my question is do they have the right to come into my apartment when they feel it's necessary? In my lease it states "Resident agrees that the duly authorized agent, employee or representative shall be entitled to enter resident's dwelling unit for purposes of inspecting the conditions or making necessary or agree repairs during reasonable hours upon a 24 hour notice to resident. Provide however that the landloard shall have the right to enter swelling without prior notice to perform maintenance required by the resident or if landloard reasonably believes an emergency exists".

To me, it wasn't an emergency at all especially since I didn't know there was a problem. I was told that they had to give me 24 hours before they entered my apartment. This however isn't the first time they did this to me. It happened my very first night I stayed here. The painting lady came in while I was sleeping to paint the walls that needed touching up. This just makes me mad...IMO, they should have called me & asked me if it was ok for him to come into my apartment...plus give me 24 hours notice. I'm rather embarrassed about it since my place was a complete disaster area & I'm sure he thought I was the biggest slob.
I'm definitely going to have a talk with the landlord about this when I pay my rent on the 1st, but I didn't know if I had a legit reason to complain.

What do you think? Thanks in advance!
post #2 of 13
I would think they would need to tell you before just going into your apartment! You have pets! I would worry about the people not being careful and them getting out. I would talk to the landlord for sure.
post #3 of 13
Over here they must give 24 hours notice to even come near the property I think. I would be very angry if someone just walked in. Hope you get this sorted out.
post #4 of 13
I used to manage property a few years ago . So I know that you have the right to complaint . Since it was no emergency they had no legal right to enter your apartment with out the 24 hour notice . The appartment complex had 17 appartments I managed . Once month there came a man to spray for bugs , even they knew that he would come exactly the same day each month I still had to call them 24 hours befor he come by to spray . If I would be you , I would complain right away and not wait till the next month . But this is up to you .Btw I would be ticked off myself .
post #5 of 13
In Australia, the landlord has to notify the tenant 24 hours before any work is done in the case of an emergency. It's a different time frame when it comes to inspections and minor repairs.

However, with repairs, the landlord and tenant come to an agreement as to the finer details like time of arrival and the like.

I'm not sure what it would be in the USA but I would think tenants had rights. Anyway, I'd check into it and try to talk to the real estate first, (if that's the preferred way of communication), to sort things out. Or speak with the landlord themselves if it is a private rental agreement, and even then there should be some sort of contract in writing. And, if you do go speak with anyone, take a witness with you, like a trusted friend.
post #6 of 13
The landlord tenant laws are different for each State. But it looks like they have the right to enter the apartment to make repairs only with the 24 hour notice. I would do a search for Nebraska landlord/tenant rights just because the laws ARE so darn different in each State.
post #7 of 13
I don't blame you for being upset!!! I am not sure what legal actions you can take though...I wish I had more advice. I remember back when I was 18 and living in an apartment alone that I woke up and found a rather large black man standing 5 feet from my bed...I almost had a heart attack!!!! (not that his color made any difference, I am not prejudice) I was very scared! He then told me that he was there to spray for bugs and although I had the door locked, and he said he had knocked...(I didn't hear him) he was able to unlock the door with the master set and come right on in, assuming I wasn't home. I'll never forget how violated I felt...just having someone come into my home....with it even being locked...and I had no rights! I will never live in an apartment again.
post #8 of 13
I think your landlord in this case used a loophole in the lease. If you read "Provide however that the landloard shall have the right to enter swelling without prior notice to perform maintenance required by the resident or if landloard reasonably believes an emergency exists." carefully, doesn't it state that you don't get the 24 hour warning if the maintenance is required by the resident? I know you didn't ask for any, but since the landlord stated so in the message you got, I think they're using this loophole.

Of course since you actually didn't ask for the new door, I would bring it up with the landlord, but I doubt you'd get very far considering what the lease says- and if the landlord maintains that you asked for the door. Very unfair though...
post #9 of 13
Back in my apartment days, the bug guy came in to spray while I was at work, and when I got home, I heard a very familiar and close-by meowing. He had let Squirt out, and he was on the outside steps meowing when I got home. I was very lucky that he hadn't taken off, but I was angry that the bug guy hadn't been more careful.
post #10 of 13
There's a serious affordable housing shortage where I live. Back when I was renting, I had to put up with landlords who did as little as possible, and needed to be called repeatedly before anything at all got done. At least in my area, this is a common problem for those who have to rent.

I agree that you should find out what the landlord/tenant rights in Nebraska are.
post #11 of 13
Shell, I don't blame you for being upset. But the other thing to consider is, do you really want to place emphasis on this. I only say that because you could make things worse on yourself. You have to live there. If I were you I'd mention (assertively)that in the future, you'd appreciate being notified the proper 24 hours in advance and I'd leave it at that. THIS time! Anyone can make a mistake and maybe they deserve another chance. Someone told me once, "choose your battles wisely." Something I struggle with myself all the time!
post #12 of 13
Technically no, they're not supposed to do that, but all they'll get is a slap on the wrist if you report them. Do what Hubby did when he got tired of them doing the same thing here. He changed the lock and didn't give them a key.
post #13 of 13
Our landlord did that once and we wrote her a professional note with a date on it stating that this incident is against the agreement per paragraph blah blah and please see that it doesn't happen again or more action will have to be taken. Then I put a chain on the inside of the door that I can lock from the outside. If it was an emergency then they could just break the chain to get in, otherwise, they can call me.

Be firm or they will walk all over you. You have an agreement and you obey it and so should they. Some people just don't believe that when people live in a suite, it is THEIR suite. They think they have every right to do what they want cause they OWN it. Nevermind the legal issue at all.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: The Cat Lounge
TheCatSite.com › Forums › General Forums › The Cat Lounge › Legal question & problem