jarulesdaddy
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there's most likely a clause in the lease saying they can enter when they deem it necessary, like putting out a fire if you're not there, or checking for a reported problem when you're gone. he's probably just abusing this. either deal with it or suck it up and move. |
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ohm'slaw
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legal aid or county bar assn. may help
was friend noisy ?
any neighbors as witnesses? |
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uchaboo
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I think the landlord can enter your apartment if they told you a head of time that they are going to go in there. I rent an apartment of a nice home and the landlord lets me know if she needs to come in my place; whether it is for plumbing, the stove's not working, heating problems, whatever, they have to let you know ahead of time. They cannot just barge right in.....God forbid, that is an invasion of privacy to some extent. |
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earl
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the way you stated the question implies he used his key to let himself in.without further information as to why he came in i would say the landlord is in violation. |
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UNITool
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Depends what the lease says about non-lessees being in the apartment. If he was not allowed by the terms of the lease to occupy your apartment than he had every right to do so. |
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naturalway42
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The landlord can not legally enter your house without written note - usually they have to give you a notice seven days in advance (or atleast some advance) to enter your house. |
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celery_is_the_enemy
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Absolutely not!!!!! It is plain ILLEGAL for that landlord to come into your apartment while you are not home. While he does own the property, it is still YOUR residence and nobody has the right to go barging into your own home. Legally, your landlord HAS to get permission from you to come into your home and usually you have to be there when or if he does come there. |
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fila420
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your landlord has to give you 24 hour notice to enter your apartment when you are not home....unless it is a emergency situation...You have rights. |
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Fairy Codswallop
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Yes they are allowed, perhaps he thought the friend was a squatter/burglar? |
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romeothegentleman
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Yes it is illegal for your landlord to enter your room, all the time you are still there. Part of the rights you are paying for is the right to privacy, and unless specifically stated in the contracted that no friends are permitted without your presence then it is non of your land lords business if your friend was in there or not as long as he had your permission to be there. |
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The Tech Support Guy
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No that's illegal, especially if you signed a lease. Any judge will tell you that. |
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soul_thinker2006
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if your friend was there without permission for an extended amount of time and a neighbor reported that person then yes a landlord has a right to come in and remove persons...
On your lease it says all who are allowed on the premise...
Next time just notify the landlord that you have someone staying with you for a while |
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littlerileygirl
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YES IT IS....I AM A HOUSE OWNER...& THE LAW STATES THAT *UNLAWFUL* ENTRY IS ALSO *BREAK & ENTER*....HE / SHE IS NOT ALLOWED UNDER ANY CIRCUMSTANCES...UNLESS THEY HAVE WRITTEN PERMISSION... |
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troublsaknockn
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not without notice. if your friend was not on the lease, he can enter and by all means kick him/her out, unless you have written documentation stating that you will be out of town and that you have a "house sitter" and the landlord gave you permission to do this. hope this helped. |
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sunshine_today
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Leases usually talk about entry as "reasonable notice". Reasonable notice is usually understood to be 24 hours, and in emergencies no notice is required.
Leases also have clauses about non-residents and most have time limits on how long a guest can stay if they aren't on the lease. The landlord is entitled to know who is in their units and require and application to be on file for them. They don't want unknown tenants occupying a unit.
Depending on what your friend was doing, your landlord should not have entered to throw him out. That's a job for the cops if the situaion warranted it. Did he do something stupid like set off the sprinklers or something? |
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Rival
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In NY landlord has a right to kick anyone out who isn't on the lease AND spent at least 14 days in the residence. So if your friend lives with you and he/she isn't on the lease then yes it is legal. If friend was making noise or doing any other things prohibited by law/lease then landlord has a right to do kick him/her out as well. You would be better off checking your state laws. I think www.nolo.com is a good place to start.
Rival |
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HMMMMMM
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This depends.
The landlord has a responsibility to keep to use reasonable efforts to promote the safety of the buiding.
If the friend was living there in violation of the lease, the landlord has the right to pursue removing the person in question, especially if there is not evidence that the person is there with your permission.
Would you want your landlord to confront someone who was burlarizing your apartment or just let it happen? |
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purrpletoad
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Look at your lease. Most standard leases state the landlord may enter as long as he gives you 24 hours notice. Did your friend staying there violate your part of the lease? (ex: too many adults in residence as stated by the number set forth in the lease) Translated, does your lease say there are 2 adults allowed and you had 3? Was your friend housesitting? if you were in violation of your lease, then the landlord can probably claim he had every right, but if your friend was housesitting and not a "tenant" then there was no reason for his actions. Read your lease and try to see where your landlord was coming from, if you honestly can't figure out why he did it and you are not in breech of your lease, I would certainly consider contacting an attorney. Good Luck! |
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JD
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DID THE LANDLORD KNOW THIS PERSON WAS THERE AND IS THIS PERSON ON THE AGREEMENT? IF NOT THEN HE MAY HAVE REASON TO ENTER |
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L Jeezy
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Maintenance are allowed AUTHORIZED peaceful entry to make repairs and things.
Landlords, I'm not too sure that they can enter unannounced. |
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hjhprov
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Well you are right but is it worth it to be on the bad side of your landlord. Being nice to him/her relieves a lot of stress I have found, and you might just make a friend. |
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Billie
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It depends on what conditions your friend was there. If they were justing visiting for the day etc then he shouldnt have or if they were staying for a while I dont know.
But I do know that landlords have to give 24hours notice before they just turn up. |
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Mouse_Sweet
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idk dosent sound leagal but i couldnt know im just a kid |
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NVgirl
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That is not legal where I love (Ontario, Canada). See if there's a landlord/tenant association who you can complain to in your area. Also call the police. It's technically trespassing cause they didn't get your permission ahead of time and you're paying rent. |
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scrican3700
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It is legal in certain circumstances.Not knowing the way your lease agreement is written this might be difficult.Your landlord should get your permissinon to enter for emergency purposes only.landloed tenant agreements vary from state to state, you might have a case against your lanlord,or maybe this friend has caused him to believe it was an emergency,therefor giving him cetain rights.Good luck |
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SMOKINU2
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The landlord can not come into your house-apt. unless there is an emergency or a complaint or he gives you 72 hour written notice! As required by state law. You can sue... |
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hfracz2000
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Its illegal for them to enter without 72 hour prior notice in writing. Unless its an emergency. They certainly had no right to kick your friend out. |
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Gaurav G
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The forceful entry in any condition is illegal even if you haven't paid the rent. The landlord must file a case in a court for grant of possesion of the property to him by the court. Although he can come anytime if such a clause is mentioned in your lease agreement. Please contact a reputed lawyer for further legal action. I hope you find this information useful. |
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dewdrop034
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I'm a landlord and I know that the law states, in every state, it is NOT legal for your landlord to enter without your permission and he has to give you 24 hours notice, unless it is an emergency, like a broken pipe or some other major fix. Call your states attorney general and they may be able to help you with your states tenants laws. |
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isac
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there is a 24 hour notice requirement.
but why did the landlord kickout your friend? were they making noise or something like that and disturbing other tenants??
why would the landlord just come by and kick out somebody? |
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ladybornblack
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It is illegal to enter someones home when you r property manager/landlord and havent given notice at least 48hrs in advance,unless you agreed to that in your lease. and they surely cannot kick someone out of your house unless that person is imposing an immediate threat to the tenet(s)/ or property,even then must have police present |
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