Is this really okay for a landlord to do?

[Unidentified 2,930]

Okay, I have lived here for 7 years now so I am pretty used to things here but there's one thing I am wondering if this is a normal US thing or if our landlord just sucks. 

 

So I know that our landlord (the company we rent from) can send in maintenance guys if there's an emergency and I am cool with that. What I am not cool is the following:

A couple of days ago I noticed the maintenance guys had ripped something out of someone apartment, they are out of town so I assumed it was just some emergency repairs. Today I come home and it says "Notice, maintenance in progress" and the door is unlocked. I come in and no one is here at the moment but there's like some type of construction rug from the door to a locked closet thing in our apartment where our AC unit and the water heater is. Some guy who barely speaks English comes and goes without saying anything other than "sorry".  I am not mad at him because he's just doing what he's been told. 

 

I am PISSED with our landlord who didn't give us notice so we could have prepared by taking away our laundry (cleaned and waiting in a basket to be folded and put away), taken away the rug that is in front of this closet. I am a very private person and I hate to have someone just come into someplace that is supposed to be my home. Are landlords really allow to just send people in without notice when it is not an emergency? I am so done with this place and I wish we could afford another place but this is DC so...

[Marzena & Stephen 544]

Every city has their own laws regarding landlords entering a unit. Usually there needs to be a written notice prior to entry  for example 24 hours if it is not an emergency. If it is an emergency then they have to inform the tenant but they can go in immediately. So to answer your question yes there are usually rules ..look up your city or state laws. 

[Dualie 185]

I’m not sure if those sorts of things fall under city or state law, and I can only go by my own experience. When we were apartment dwellers our rental agency gave us 24 to 48 hours notice of entry for maintenance reasons. The only emergency they would be allowed to enter for would be if water was spilling from your place and needed to be turned off immediately, and you weren’t home...something along that nature. If I were you, I would be pissed too, and I would contact them immediately for an explanation. Any entry into your place requires notice unless it’s an emergency, and this should all be stipulated in your rental agreement or lease. 

[Unidentified 2,930]

Just now, Marzena & Stephen said:

Every city has their own laws regarding landlords entering a unit. Usually there needs to be a written notice prior to entry  for example 24 hours if it is not an emergency. If it is an emergency then they have to inform the tenant but they can go in immediately. So to answer your question yes there are usually rules ..look up your city or state laws. 

Thanks. I will definitely do this! It's not an emergency and we got no notice at all.

[ShanghaiSurfer 135]

Please read the lease that you signed. I would be shocked if there isn’t some clause about it. 

[Unidentified 2,930]

1 minute ago, ShanghaiSurfer said:

Please read the lease that you signed. I would be shocked if there isn’t some clause about it. 

If I remember correctly it specifically says they may only go in if there's an emergency otherwise they have to give us a notice and it even specifies the timeframe as well if I remember correctly. I am also looking into state laws at the moment too. They're definitely going to be hearing about this. 

[NigeriaorBust 4,087]

   Maybe the water heater went out ,  sometimes they will send the renters a statement in their bill or post in a common area ( where the mail boxes are ?  )  

[Unidentified 2,930]

Just now, NigeriaorBust said:

   Maybe the water heater went out ,  sometimes they will send the renters a statement in their bill or post in a common area ( where the mail boxes are ?  )  

Nope, they're working on the AC unit. And this is planed because they seemed to be doing this to everyone. Normally if this happens they will give us an email about a month in advance and then a reminder the week off and the day of them coming. This time, crickets. We got a new manager a couple of months ago. Guess she already screwed up. They don't make it very long here. 

[Umka36 781]

In the State I reside at, unless it's an emergency, they need to give 48 hour notice.

 

Here's what I found for WA DC.

 

"D.C. does not have statutes, but localities and legal experts typically recommend following similar guidelines to ensure respect for the tenant’s home and privacy. Entering a property at any time for any reason can violate a tenant’s privacy and may be considered trespassing.

Unless it is an emergency, landlords should give 24-hours notice or more, if possible, before entering, said Emilie Fairbanks, a landlord-tenant attorney practicing in D.C. Landlords may drop written notice under the tenant’s door or, if there’s a good relationship, inform tenants by text or e-mail, she said."

 

https://gordonjamesrealty.com/resource/can-owners-enter-rental-property-laws-policies/

Edited April 3, 2018 by Umka36

[Marzena & Stephen 544]

 

 

https://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.18/

 

 

Edited April 3, 2018 by Marzena & Stephen

[elmcitymaven 9,711]

There are three places you need to look: municipal law (does your town have any ordinances on tenancies?), state law and your lease. Implied into every lease of residential property is the right to quiet enjoyment, which means that the landlord can't just enter when he feels like it. There needs to be a reason, and he needs to give a specific amount of notice. As others have stated, emergency repairs can be done on very short notice. For regular maintenance, there will be a set minimum amount of time for notice. It can be as short as 24 hours, it could be longer. The law and your lease should advise you of the requisite notice period. 

 

If you believe that your landlord has not given you adequate notice under the lease and state/local law, you potentially have a cause of action against him for breach of the covenant of quiet enjoyment. I'm not saying that suing is where you should immediately jump to, but it's something you might wish to consider mentioning to your landlord when you complain about this entry -- and you should complain! Letting a landlord know you are aware of your rights as a tenant tends to focus the mind.  

[Unidentified 2,930]

5 minutes ago, elmcitymaven said:

There are three places you need to look: municipal law (does your town have any ordinances on tenancies?), state law and your lease. Implied into every lease of residential property is the right to quiet enjoyment, which means that the landlord can't just enter when he feels like it. There needs to be a reason, and he needs to give a specific amount of notice. As others have stated, emergency repairs can be done on very short notice. For regular maintenance, there will be a set minimum amount of time for notice. It can be as short as 24 hours, it could be longer. The law and your lease should advise you of the requisite notice period. 

 

If you believe that your landlord has not given you adequate notice under the lease and state/local law, you potentially have a cause of action against him for breach of the covenant of quiet enjoyment. I'm not saying that suing is where you should immediately jump to, but it's something you might wish to consider mentioning to your landlord when you complain about this entry -- and you should complain! Letting a landlord know you are aware of your rights as a tenant tends to focus the mind.  

I am definitively going to re-read the lease and I read some Virginia law that said 24 hours. We haven't been given any notice whatsoever. I am definitely going to complain both directly to the on-site manager as well as their headquarters. This is not the first time and I am so done with this. Huge invasion of our privacy and like I mentioned, I have no idea how long these guys left the apartment unlocked when they weren't even in here. 

[TBoneTX 43,058]

Let us know what you find out.  Yes, this would certainly be upsetting.

Most places would give advance notice in accordance with law, lease provisions, or courteous decency.

[Paul & Mallory 1,398]

I've never rented an apartment or from a company, so maybe I'm jaded. But that sounds ridiculous to me.

 

As you said - in the event of an emergency, it's obviously understandable. No time to track someone down and get permission. But my thoughts are:

 

1) If there is no emergency, why would prior notice not be given, at least so much as a phone call? I imagine they have your contact info on file for purposes such as this.

2) Even if there were an emergency, why not provide better notice other than a random note on your door? Call and leave a message. Touch base after the fact. Something??

3) WHY AS THE DOOR LEFT UNLOCKED WITH NO ONE THERE. That would be my BIGGEST pain point.

 

I'm sure laws and rules can vary not only by state/city, but also by company/complex. I'd review your lease/contract to see if there are any disclaimers. Whether that are or not, I would still be having a talk with the landlord or someone in charge to get a better understanding of the situation. Again - at the very least, they should not be leaving people's doors unlocked if nobody is even in there at the time working. Who winds up being responsible if someone snuck in during those voids and stole stuff? would they? How could you prove it was a random person and not the person in there doing the work/maintenance? ............maybe I watch too many crime scene shows.

[Quinton1980 15]

18 hours ago, Unidentified said:

Okay, I have lived here for 7 years now so I am pretty used to things here but there's one thing I am wondering if this is a normal US thing or if our landlord just sucks. 

 

So I know that our landlord (the company we rent from) can send in maintenance guys if there's an emergency and I am cool with that. What I am not cool is the following:

A couple of days ago I noticed the maintenance guys had ripped something out of someone apartment, they are out of town so I assumed it was just some emergency repairs. Today I come home and it says "Notice, maintenance in progress" and the door is unlocked. I come in and no one is here at the moment but there's like some type of construction rug from the door to a locked closet thing in our apartment where our AC unit and the water heater is. Some guy who barely speaks English comes and goes without saying anything other than "sorry".  I am not mad at him because he's just doing what he's been told. 

 

I am PISSED with our landlord who didn't give us notice so we could have prepared by taking away our laundry (cleaned and waiting in a basket to be folded and put away), taken away the rug that is in front of this closet. I am a very private person and I hate to have someone just come into someplace that is supposed to be my home. Are landlords really allow to just send people in without notice when it is not an emergency? I am so done with this place and I wish we could afford another place but this is DC so...

What is in your lease as to a notice period before they can enter?  That will tell you what they can and cannot do.