Does my landlord have the right to enter my property? HELP - Student in trouble!?

Question

I recently moved into a condo unit (layered by a unit below and above).. and it has been one issue after the next.. They have found mold, there are roaches, mildew in the carpets from water, leaks from the A/C pan overflowing, leaks from the upstairs neighbors patio (which also seeped cat urine into our unit).

I have willingly let the HOA and Landlords contractors come into the unit to work (even woken up early, took pictures for them, loaned tools, and moved furniture).

The property was vacant for a year prior to my move, and now suddenly when I reported the issues, it has become an issue.. the problems have been lingering on for months now, and were mistakenly confirmed as repaired from the management team when they tore down my wall and put it back up 2 months ago. Now again, suddenly this minor issue has become an emergency of all of sudden and my landlord is attempting to mandate workers being in my unit 8am to 5pm for a week straight.

The landlord emailed me today saying workers will be at my door at 8 am Wednesday morning.. Does this email carry any value? Isn't he supposed to give me written notice? And what about a 2 days notice? Can I deny their access tomorrow and instead call the police for trespassing? Lastly, if the law states the landlord access during, a so called, "emergency", does this also pertain to the HOA and the management team? Can I ask that the landlord himself drive down and unlock the door for them... I am very frustrated!

Hope anyone out there can help me..Thank you..


P.S. does anyone know the procedure to abate rent for the days the workers are in my unit using my entire living room (which I cleared for this as instructed) and patio.

Answer 1

Is it your property or the landlords property? If you do not hold the deed the workers only need the notice that you have received. They can not possibly trespass, as long as they have the consent of the owner, which I do not think is you.



However, your landlord can NOT dictate that you be there at 8 am or any time. It is up to him to either give the workers a key or let them in himself, his choice. What is not his choice is where his renter is at 8 am, he can not force you to be present.

Answer 2

Since you are dealing with a condo, some repairs fall under the requirement of the landlord to make, but others are required to be made by the HOA. If mold was found, then they may need a professional team to come in and treat it, and YES, it can take up to a week. Leaking from an upstairs neighbors patio would also fall under maintenance which would be done by the HOA, not your landlord. You can not abate rent unless you are required to move out of your unit, in which case your landlord would be required to pay for your hotel stay.



Usually an overflowing A/C pan means that either the filters are not being changed often enough or that the drain lines are not being flushed. Both of these issues usually fall under 'maintenance' that must be done by the tenant. If the A/C pan is overflowing, then it is best to have a professional tell you why since it is NOT normal.

Answer 3

In an emergency after making an attempt to Contact you, YES.

If he has to fix something either because it needs it or you told him something is wrong. Yes with usually a 12-48 hour notice, depending on your lease. If there is no lease, I believe most state require a 24hr notice. You can check with your city in person or online. I am not sure why you have a problem. If you think someone will hurt you either don't be there, or have a couple of guy friends, or you father to be there when they come. If something is broken, not working right it needs to be fixed sometime. Letting it go any longer may make it worse. If you refuse to let them in which you can, but you mayb responsible to fix the issue yourself, and not be able to take the repair off your rent. However, he cen not dictate a time, if you have reason. You can request to be there when it is fixed. And 8am, might be concidered too early, but maybe not.



I would say either have friends or family over, or lock up your valueables and leave early before they get there. You could also hook up a nanny cam, to see what they actually do.

Answer 4

The landlord doesn't have to give you much (or any) notice for emergency repairs. As far as who has to be there to unlock the door for them, it doesn't HAVE to be you, but if you have the only key, then it's reasonable to allow the landlord to borrow it or copy it. You can always just make up some excuse saying that you can't be there but you'll be glad to lend him a key ahead of time.



Don't call the cops, it's not your property so it's not trespassing and there's no actual crime going on. That would just cause you more trouble than you're already dealing with.



As far as trying to reduce your rent for the days they were in your apartment... you were able to still live in the apartment, and you had use of all of it except the living room and patio. You can ASK if they'll give you a break on rent but they don't have to.

Answer 5

Really?



You are complaining because your landlord is getting these problems fixed? You cannot deny entry for the service people, and quite honestly, why would you want to? Sure, it's an inconvenience, but it's best to get the repairs done as soon as possible so that everyone can get on with their lives.



You are not entitled to any reduction in your rent if you stay in the unit while the repairs are being done. If the unit is uninhabitable during the repair time, your LL is only legally required to prorate your rent for the days you could not stay in the unit.

Answer 6

Yes, the LL always has a right to enter HIS property. It's NOT YOUR PROPERTY.



He gave you notice as per law, if you deny entry that is grounds for eviction. Very few states require more than 24 hours notice. This is NOT an emergency. It's a repair on HIS property that YOU requested.



You don't get a rent abatement, the unit is livable. It's inconvenient, but livable. You act as though you don't want the problems fixed....

Answer 7

Yes, the landlord gave you proper notice. In writing would have been better. Part of your obligation as a tenant is to allow the landlord to perform necessary repairs. He may be able to evict if you refuse to let him maintain the place.

Answer 8

Do you WANT these problems fixed?



Then LET THE WORKERS COME IN TO FIX THEM.



And no, you won't get any money off your rent. You can still live in the apartment. You're just being mildly inconvenienced while they FIX WHAT'S WRONG.



Why on *earth* would you want to call the police instead of just letting them in?