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mgstroker95 | What actions can I take so my landlord will stop entering my dwelling without permission? |
I have been having this problem for some time now. I have contacted her on several occasions advising her that she must give me a written notice of at least 24hrs before entering my dwelling unless it is an emergency. I have read my rights and lease agreement and it states what I have told her several times but she continues to argue with me and she still has entered after all of this. I am at the point where I am wanting to contact a higher person in the corporate office or the local press. I know for a fact that she is violating my rights as a United States citizen. If anyone has any ideas or solutions for this issue I would appreciate any feed back. Also she has violated my fourth admendment by search my things while conducting an inspection!! Please help! Additional Details I appreciate all the help and information from all who aren't rude about the situation...Anywho I am located in Texas so the laws may differ from some of yours due to the fact taht the Texas has stricter laws by far than other sttes. What she is claiming once she has entered my dwelling is that there needed to be an inspection or the maintience man needed to change the air filter. I live in an apartment complex not a duplex or a house so changing the locks would be in violation of my contract. Trust me that is the first thing I thought of after this happened. Yes I am going to get some video equipment and see what I can catch her doing before I take her to court. I think contacting a lawyer and getting the lawyer to write her a certified letter would most likely do the trick but you neeed to understand that this apartment manager is a pain not only to me but to all the other tenants. One step at a time but I am not going to let her get away with this. Thanks again for all the help! |
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sadie_oyes
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Texas has no statue, but under the TAA lease, the landlord/management must leave notice of entry inside your apartment indicating that she or a management representative entered the apartment, and why she was there. The TAA lease gives the landlord a lot of reasons to enter your home. However, if the landlord is just using one of those reasons as a pretext for entering, then the landlord is violating the lease agreement and your right to privacy.
http://www.texastenant.org/rights/privacy/privacy.html
You can take action if other tenants have same complaint, organizing a tenant association.
http://www.texastenant.org/fightback/tenantorg/tenantorg.html
You can sue your landlord if your rights have been violated.
http://www.texastenant.org/fightback/sue/sue.html |
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J C
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Set up a few cameras, catch her in the act and take her to court. |
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girlwhoknowsitstrue
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Set up a hidden camera - when you have evidence, go to the police and file a report on breaking and entering.
You might want to have a witness there when you discuss with her that she's entering your apartment - that will help whyen you file the police report. |
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Sarah
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Sue her. It isn't like you're 12 and she has the authority to snoop through your room. Seriously, get a lawyer and sue her for breach of contract and multiple privacy violations. |
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Classy Granny
 |
In PA a landlord does not have to give written notice, but they do have to give you 24 hours notice before entering unless there is a true emergency like water running out the door. The notice can by by telephone or in person, but if notice is not given she is in violation. Contact a district justice in your city to see what your rights are. |
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Expert Realtor
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Ok, before you think that you have a U.S. Supreme Court case, you don't.
If a landlord is entering your dwelling without a reason, and not for an emergency (and I find it odd you don't list the reasons that she is giving you for entering the residence), then that is BREAKING AND ENTERING.
Yes, a landlord can be charged with that, and one recently made the news and went to prison for it when his tenant recorded him on video.
Send her a certified letter, pay an attorney $50 to write it, that if she enters your residence again without a notice or a valid reason, you will be calling the police.
End of story.
PS: Landlord is dead wrong...she makes it sound like a landlord can just come and go from the property as you please...residents have a right to 'quiet enjoyment' and if a landlord wants to maintain control that bad, then they shouldn't be renting out the unit.
Not sure where she lives, but a Landlord can be charged with a FELONY here for doing that, and YES HE CAN demand it in writing.
The landlord doesn't have all of the rights....the lease goes both ways. |
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deborah_parker2
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Just go to search engine and put in tenants rights for which state you live in,and it will tell you what to do.good luck
deb |
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idiotzaint
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you could sue but, it would be simplier and less time consuming to just move |
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♥ Mary ♥
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It seems like your landlord is trying to call everything an emergency just to be able to get into your apartment whenever she wants. The camera idea is a great idea. She can not be going through your personal things....she isn't allowed to unless she is a police officer with a warrant. Get her on camera. |
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Tommy H
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The rights might vary depending on what state you live in, but in California a landlord cannot do that, you have to give written notice and have a valid reason, like a safety inspection for smoke alarms or something, you can't enter a dwelling because you feel like it. If she has a a boss definitely
contact him or her and let them know what is happening, make sure you keep track of dates and times and any notices you receive. See if your state has a government legal office you can contact about this |
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Dise
 |
Yea each state is very different when it comes to the law. You need to check out your tenant rights in the state you reside in. Like everyone mentioned you need to set her up by installing a camera so if you indeed need to take her to court because you want to break your lease because you feel like she is going through your things and that can possibly turn into stealing. Then having a camera will come in handy, because it is your evidence you will have against her to win your case. Not only that I would place money somewhere near the camera to see if she will take it! You honestly dont need anyone to be a witness in the conversation you may have with your landlord or not. Because the camera is all the witness you will EVER need. So get your evidence then deal with the courts if you have caught her red handed!
Oh and the court you need to deal with is your local Landlord Tenant Court. Usually found near the other courthouses.
Hope that helps! |
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Goonhilda
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She is breaking the law. If she comes to your property, call the police.
Consider getting the locks changed. This will make it harder for her to access the property. If you're a bit of a handyman type you can possibly do this yourself and buy a new lock at a hardware store. You are justified in doing this because you don't know who else may have a key, and you can say you were concerned that previous tenants may return to steal your belongings.
If she has a key, it isn't breaking and entering. It's entering a property illegally.
Have a friend there when she comes. Get them to record it with a camcorder if possible. They might be able to do this from a concealed position. If she becomes aggressive, you may even be able to have her charged with assault.
I suggest you move as soon as possible. If you can break the lease, break the lease. If your lease is close to ending, start looking for new accomodation today. Not having an income from the property will hit her where it hurts -- the hip pocket.
Do not become vindictive and vandalise her property. This just makes you look bad.
Go to the police with your evidence. Seek legal advice as to what you can have her charged with. If you have no actual evidence, it's your word against hers, so gather footage of her entering your property.
Good luck. |
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Landlord
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She can't violate your fourth amendment rights unless she is a police officer.
Landlords can legally enter THEIR property (you don't own it) at will for emergencies. For anything else after a 24 hour notice. It does not have to be in writing. And you do not get to demand it in writing. She does not, under any circumstances need your PERMISSION to enter HER property.
Read up on our facts before you starting crying about your freaking' rights. You do NOT have the right to block anyone from property that they own. Period. |
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jjjjjjk
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Landlord is an idiot and the exact type of person who SHOULDN'T be leasing property to begin with. A tenant has exclusive possessory rights to the property. Just because the landlord owns the property, does not mean the landlord can come and go as he pleases. |
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