Entry without Notice

[medwards]

I signed a lease for an apartment in a complex in August 2009 for one year.

The lease stated the property management staff must give 24 hour notice before entering my apartment unless it is an emergency.

On 2 occasions the landlord has entered without any notice. The first time was the maintenance man who just walked in on me saying he was coming to spray for pests. The second time was yesterday when they came to install a new furnace filter and I was not home but there was a notice left that they had entered the apartment.

On a third time I know they entered when I was not home but there was not a notice or eye-witness to prove it.

Each time I have called the staff at the office are very rude and saying well they will try to improve but basically they can't control if management forgets to give notice. I told them that this is a violation of the lease agreement and they state that if I decide to move before the lease is over then I will have to pay the remainder of the lease regardless. Is it true that I would have to pay the remainder of the lease if I decide to move? Also if I am staying here is there something else I can do to put an end to the landlord entering without notice?

I am mainly concerned because there are many reported thefts recently of items from people's apartments. I also think this is an invasion of my privacy since one occasion I was relaxing in my underwear just for a strange male to walk in on me. I am a single young female who lives alone....and I do not like that.

 

[Gail_in_Georgia]

If you decide to move because of these issues, management may argue that you are breaking the lease and may (if you do not continue to pay on the lease) file a lawsuit against you for doing such.

If so, you will be notified of the court date.

They would present their side that you broke your lease. They might argue that entering your unit to do these things were "emergencies".

You would present your side that unannounced entrances into your unit caused you to move.

The court/judge would decide who is "more right" (for lack of better english).

How this would go might be dependent on whether this is a state that tends to be tenant or landlord "friendly".


Gail

 

[army judge]

When you are in your apartment, you can put a chain lock device on the door.

You could engage it only when you are in the unit.

That way, no one can walk in without you opening the door.

You can also install a deadbolt, it works the same way, if your lease permits it.
Or, you obtain management permission.

No one can make another person do anything they are inclined NOT to do.

Most likely, your landlord and their people will not change voluntarily.

If I were you, I'd move.

You can negotiate a move out settlement with the landlord.

That way, you can move before the lease expires.


If you can't afford that, you'll have to put up with these intrusions until you move.

You can bring an action against your landlord for these violations of the lease provisions, but that won't be settled quickly.

And, it'll most likely antagonize your miscreant landlord.

Then your life would really be hell until you moved.