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Trinh D | My landlord entered my apartment without proper notice, what can I do? |
I've noticed that my landlord/apartment staff has been entering my home without notice and I know this is not legal. Under MN law, the tenant privacy states that no one can enter my apartment unless given permission or proper notice if it is not an emergency. I'm breaking my lease with my landlord because they left my apartment door open and my son and I could have been injured and our stuff could have been stolen. I will tell the apartment that since they violated our contract, I'm breaking my lease and I will not be paying penalty for breaking my lease early due to their mistake. Is that all right? Any advice?
Additional Details
I have not only seen a staff come from my apartment but I have brought this issue up before, but not in writing. |
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Forrest G
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One question I have (to play Devil's Advocate). What is your proof that the landlord left it open and you didn't just forget to close it? I mean how could you prove that? I could believe if he did repairs and then left you could probably guess that someone would believe you if that were the guess. I have to tell you it looks like you already want to break your lease and you're looking for a reason to justify doing so. They will probably assume that also. I would suggest first sending a letter to the landlord indicating that he should not be entering the home without notice so you have a paper trail (when he does it again) so if he takes you to court you have documentation to this effect because right now it looks like you just want a reason to get out of your lease. |
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mrsdeli
 |
Sorry, that's not just cause to break the lease. If the landlord takes you to court you will not win the case. |
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chatsplas
 |
You can try. They will contest it. They will most likely keep your security deposit, and you'll have to sue to get it back. Or they may sue for rest of rent for lease term, as well.
Did you say/do anything when this happened the first time? Do you have any evidence?
You're right, LL or staff should NOT be entering your apartment without advance notice except in case of emergency, and definitely should NOT be leaving premises unlocked. Do you have proof it's them? |
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blogger
 |
This has happened to me before and believe me, it wont go anywhere legally. The landlord has too many excuses to use. If you look over your lease, and read very carefully, they word it as to basically saying they can enter whenever they feel like it. It first says that they must give "proper" 24hr (State of CA) notice before entering, but then it goes on to say if they feel there is some emergency such as a broken pipe flooding the apartment, or if they feel there is illegal activity going on such as drug dealing, they dont need the 24hr notice and can enter at any time.
I have been walked in on a few times by the staff here and have learned the only way to deal with it is to buy and install extra locks on the inside of the door to keep them from coming in atleast while i am at home, when I leave that is a different story, as the locks only work from the inside so when I leave they cannot be locked.
In order for you to break your lease, they would have had to enter several times and, in the judges eyes, make you feel unsafe and scared to live there.
Good luck to you, as I know what you are going through. |
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reenzz
 |
Read the law. As you can see, you can NOT break your lease without taking your landlord to court first.
"13. TENANT'S RIGHT TO PRIVACY
Generally, a landlord may only enter a tenants unit for a reasonable business purpose, after making an effort to notify the tenant. (51) If a landlord violates this law the tenant can take the landlord to court to break the lease, recover the damage deposit, and receive a civil penalty of up to $100 per violation. (52)
Examples of a reasonable business purpose include:
1) Showing the unit to prospective tenants. (53)
2) Showing the unit to a prospective buyer or insurance agent. (54)
3) Performing maintenance work. (55)
4) Showing the unit to state or local officials (i.e. fire, housing, health or building inspectors) inspecting
the property. (56)
5) Checking on a tenant causing a disturbance within the unit. (57)
6) Checking on a tenant the landlord believes is violating the lease. (58)
7) Checking to see if a person is staying in the unit who has not signed the lease. (59)
8) Checking the unit when a tenant moves out. (60)
9) Performing housekeeping work in a senior housing unit. A senior housing unit is a building where 80
percent of the tenants are age 55 or older. (61)
A tenants right to prior notice may not be waived in any lease. (62) However, the landlord may enter the unit without giving prior notice in the following situations:
1) When immediate entry is necessary to prevent injury to property or people due to concerns over
maintenance, building security or law enforcement. (63)
2) When immediate entry is necessary to determine a tenants safety. (64)
3) When immediate entry is necessary to comply with state law or local ordinance. (65)
If a landlord enters without giving prior notice and the tenant is not present, the landlord must give written notice to the tenant. (66) If the landlord violates this law, the tenant may recover up to $100 per violation in court. (67)
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BARRY B
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I am in UK. But I would say that you may be taking a risk as you may need to prove, without doubt, that the landlord acted illegally. In the UK you have to take legal advice to be sure of the action you take. If you have proof that will stand up in court, fine. If not I would write to the landlord stating that if it happens again you will seek redress in the courts (keep a copy of the letter). If it does, do just that. Breaking the lease may cause you more trouble than it causes the landlord. |
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saved_astronaut
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this is scary. u really need an atty. is anything missing? moved? what i'd do in this case is start moving all my stuff 2 a secured storage place, so next time they enter there's nothing there. it sounds 2 me like they're apt shopping 4 whatever they can take. there's a complex in my area that had this same problem, & many tenants complained. due 2 this, they ALL left. if u live in a LG complex, these kinda problems r common. i'd go visit my local Housing Authority & make a direct complaint & ask them 4 help/guidance in moving. let them know u feel threatened & they'll help any way they can. |
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mrsd
 |
take pictures of the doors left open
Talk to other tenants to see if they have had the same issues.
Ask the landlord what the emergency was or to see if for some reason notice was sent for routine maintenance and you did no get it. |
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[TorturedOranges]
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call the police. |
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besgwineboogie
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Small claims court! |
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bmerr71
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Your landlord may not see it your way, so you might have a tough battle with him over the fees and penalties. You may have to bring in a lawyer. Also, I would file a report with the Police as this is no different than breaking and entering. Either way you may have to get a lawyer involved. |
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