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butterflykat16 | Is a landlord allowed to enter the property you are renting anytime they want? |
Our landlord has entered the property that we have been renting serveral times without our consent while we were not home. Then after she does this she makes harassing phone calls to us telling us what needs to be done in the house, like it needs to be cleaned and proffessionally shampooed. In the lease she put that she has the right to enter the house but I looked through our local tenant rights handbook for South Dakota and it says that she is not allowed to put that in the lease much less actually enter the property without our consent.
We gave our notice the begginning of April that we were moving out, we helped her find a new tenant also. Now the new tenant is calling us all the time saying that we need to fix this and that before she will move in and ect... She's been in the house too! She even moved in some of her things while we were not there! Someone please tell me how we go about fixing this situation the right way. We definately feel our rights have been abused. |
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65% water
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This is outrageous! Copy the law that spells out that the landlord cannot do this and send it to her, and also to the new tenant. If the landlord is allowing someone else to access your property then she is seriously in violation of the law.
Here's what I've done, and it might work for you. You are allowed to change the locks, but you have to give the landlord a key. Change the locks, and give the landlord A KEY. Get it? You will only hear about it if she tries to enter your place illegally, and then you'd be very sorry to have given her the wrong key. This is a desperate thing to do, but you are being seriously violated here.
If she lets others into your apartment, I would even think of calling the police because that is a serious no-no. As for you being responsible for fixing anything so the next tenant can move in, forget it. You don't own the place. If the next tenant signed a lease, then oh well.
Sounds like you have all your ducks in a row, but what sin did you commit in a past life to be surrounded by so many crazy people??? Stay strong. |
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Paul L
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they can't enter until they call up and tell you
also, them acting the way they are, is illegal and criminal--suggest you file a suit against them |
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bill
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not inless theey give you a heads up you let them in |
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Imzadi
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next time she comes in, shoot her. |
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address man
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The term "landlord" here is being used very loosely. This is an idiot who rents a house to people. Landlords have to follow rules like everyone else.
In certain cases a landlord can enter your apartment without your consent, as in an emergency. I remember once there was a refrigerator recall because of a potential short that could cause a fire. The landlord came around with maintenance to check each fridge; some of them were the particular model that needed to be recalled. In that case they were justified.
This isn't that type of case. Go to the town and let them know what's going on. She should not be allowed to do what she is doing, and the tenant who is taking over shouldn't be moving their stuff in yet! I would get a lawyer.
I give you credit for trying to find a tenant to take your place. You really don't need to do that. Let the "landlord" worry about it. |
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zenophryk
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if the lease has an item in it that is in direct violation of a state or local law then it is simply invalid and does not apply. the landlord must give you reasonable notice before entering and must also tell you why. (the exception is in the case of an emergency like a water leak or a fire.) if the landlord has allowed someone else to start moving stuff in to YOUR legally rented appartment then that stuff is legally YOURS, so do with it as you like. luckilly by the sounds of it, you will be away from this nut soon. it's landlords like this that give the rest of us good honest ones a bad rep. |
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stacybear69
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A landlord can enter the premises without notice and without the permission of the tenant if he has reasonable grounds to believe
• an emergency makes it necessary for him to enter the premises, or
• the tenant has abandoned the premises.
What is reasonable will depend upon all the relevant circumstances. For example, if the tenant is away for the weekend and the landlord enters the premises without notice or permission to repair a cupboard door, that would not be an emergency. The permission of the tenant should be obtained first. However, if the tenant is away for the weekend and there is a burst pipe and flooding, that would probably qualify as an emergency and allow the landlord to enter without notice or permission.
Before a landlord enters premises where he believes the tenant has abandoned them, he or she should take some steps first to attempt to clarify whether the tenant has indeed left the premises. Examples of things the landlord could do are to check the mail, see if utilities are still connected and talk to neighbours or family members.
If they are just comming in, you are allowed to take legal action.
Once a landlord has rented property to a tenant, he gives up the right to be in the property when the tenancy agreement commences, unless the tenancy agreement provides otherwise |
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danesgirl74
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I suggest filing a lawsuit. Your rights have been violated. The landlord may enter with at least 24 hours notice but he/she has no right to show the property to anyone else without consent from you. As far as the items that belong to the new tenant...I would call her and let her know that the items will be in the garbage if she does not pick them up by a certain day. You are still renting the place there so she has NO RIGHT to move her items in the apartment. GET A LAWYER!!!!!!!! |
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omegahpla
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Well, this all depends on the laws in your state. What she is doing sounds illegal and harassing, and allowing others in without your consent I believe voids any contract she had or any further obligation from you ... BUT ... you need to get information on the laws in your state and contacting legal aid or a lawyer might be a good ... well IS a good idea. I would call around to see who can give you information on whether this violates your lease and what your recourse are.
The landlord may well have harassed you to the point it constituted what is known as a constructive eviction, and that may or may not have been the case according to the laws in your state, and you may or may not have recourse after you set up the agreement to get out of your lease by moving in new tenants.
You also need some proof what what you claim, or an admission from this woman in some way you can present to a court.
I would really go get some expert advice because this might just get uglier.
Good Luck
AND ... you could set up consultation with a lawyer to evaluate the possibilities of a law suit, make sure you don't enter into anything but a contingency agreement where the lawyer doesn't get paid by you, only if a case is won. If it isn't worth it to sue, at least you can get a feel for what the lawyer thinks are the merits of the case. |
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Susan v
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If you signed a lease and it states that she can enter the property there is nothing you can do. coming from a Landlord
I only enter if something needs to be fixed |
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