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Me You4105 | Landlord entering without asking...and breaking a lease? |
So my landlord and I had a one year lease. I have been in the apartment for 7 months now. He broke the lease, by coming into my apartment when I was not home, for a no good reason ( to count floor tiles he says). So legally can I get out of the lease and find a new place to live with no financial consequences? If so how many days notice must I give him before I move out?
Our lease doesn't state what we can do if he breaks the lease.
He never gave any advanced notice. The only reason I found out was because a neighbor saw him coming out of my apartment and when I confronted him about it, he admitted it. |
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GaryODS
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All depends on the state. In Oregon that type of behavior will cost them a months rent (statutory). Yup entering in the absence of the tenant without 24 hour notice for anything but an emergency costs the landlord.
And counting for tiles is a pretty lame excuse, unless your apartment is a one of a kind in the complex. If there are similar units (perhaps vacant) then he has a problem.
As for breaking the lease for a single infraction, probably not enough reason.
If you moved to a new complex into a perfect unit at the right rent - would feel it was right if they canceled your lease because you parked in the wrong spot for a night? Turn about is fair play and all that. |
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Freedspirit
 |
Depends what state you are in....I worked for a landlord and we had tp give 24-48 hours notice before entering their apartment, unless we called them and they OK'd it....
Read your lease very carefully before breaking it.....they can come after you for the balance of the lease......
Again, depends on the state laws.
PS I'm in FL |
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Landlord
|
This will not hold up in court as breaking the lease. He had to give you 24 ours notice, and could have taped it to your door and your very noisy neighbor took the note, who knows what happened to it.
He does not need to "ask" to enter and you do not need to be home. |
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jitterbugj
 |
The landlord entering your apartment in non-emergency situations without proper notice (whatever is required by state law) is NOT breaking the lease. It is violating your right to privacy.
Find out exactly what your state requires for notice and then notify your landlord in writing that you are requesting that he follow the law and not enter your apartment without proper notification unless it is an emergency (water coming from under your door, water from your apartment entering another apartment or fire would be emergency type situations).
I think once he realizes that you know what your rights are and you are not going to tolerate him entering your apartment without permission he will stop. |
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newmexicorealestateforms
 |
There are two places you will need to check: One your lease to see what permissions you gave him and two the landlord tenant laws of your state to see what must be adhered to in accordance to your state's laws. |
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Milkaholic
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If I were you, I would call the housing authorities for the area and find out what rights you have. I don't think landlords are are allowed into your unit when you're not home, unless you have prior knowledge. (Why couldn't he have you count the tiles for him?) Seriously, call the housing authority because laws vary from state to state. |
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sortaclarksville
 |
He can enter your property for the purpose of maintenance, and counting floor tiles would be considered maintenance if he were planning to replace them or replace any missing/broken/peeled up tiles. It doesn't just have to be an emergency maintenance issue.
But, something tells me that's not really what he was doing in there. That is a very lame reason to enter an apartment. If he really wanted to know about the tiles, he could have called and asked you.
I would consult an attorney in your area. They give one free consultation, so will tell you if you can break the lease early, if what he did was illegal, and what your options are. Laws vary state to state. |
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duster
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It would be an excellent Idea, if you talked to a legal council. As far as I know, what he did, was unauthorized entry. When that paper was signed, and you moved in, you had certain rights. For any reason, your Land Lord cannot just waltz in any old time..
For any reason, he had to give you a 10 day notice, that he needed to enter the place, and he had to state his reasons why it was needed. |
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VOLLEYBALLY
 |
So let me get this straight. LL came in and didn't let you know so now you are going to leave the apartment and think you have a right to break the lease b/c the LL came in without notice? Did it really bother you enough to leave? Tell him that he should give you 24 hour notice unless it is an emergency. Is that so hard to do? Why make a big issue out of this? |
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cari210kel
 |
okay, these people don't know what they are talking about. what your landlord did was illegal. if u are on the lease and are renting the property he has no right to enter without your permission. ( unless it is for some emergency) he was tresspassing. i have been through this before. u will need to speak with an attorney to see what actions u can take. go to your local police station and pic up the 'landlord tenant law' book. they should have one there. i am not sure if it is the same in every state, the laws of the landlord tenant. so get a free consultation from a lawyer and i wish u the best of luck..... |
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emgeealex
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You will lose. What the hell are you doing that is so secretive? He didn't walk in on you in the shower. |
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jwsou812
 |
Even though it doesn't address this in your lease there may be some legal standard. You should speak to a lawyer who handle tenant issues. They would be able to advise you probably in just one short meeting. Generally it is not at all acceptable to enter your place without some warning. But whether or not it is a breech of a lease, you should ask an attorney. |
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Shawn B
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I hate to say it but you may want to confer with a lawyer. Use that as a later step however. If you are planning on moving, just let the *** know that you are planning to move out as soon as you find something suitable. If he throws a fit or challenges you, say that you are talking or will talk with a lawyer and see what happens. |
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tilishabingo
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A landlord can enter your home without you being there, ONLY IN A EMERGENCY. Other than that it is breaking and entering. Counting the floor tiles is not an emergency. So I would suggest you leave, something don't sound right about that. In this instant I would think you could break your lease. By law you have to notify the landlord 30 days in advance about your leaving. That way he won't be trying to keep your security deposit. |
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