landlord shows up without 24hr notice... breaking lease???

[DrLove'sKuDang]

i know its usually a 24hr notice before they can enter your home/apt. so heres my short story.

side note, my landlord is crazy... sucks balls that im tied to a lease


anyways.

about a week ago she calls me and wants to come the next day to trim the rose bushes in the backyard. she was supposed to come the next morning while i was at work, so i told her to come whenever, but ill be home by 3 and i want peace and quite.

she never came by that day, and i hadnt heard from her since... until she showed up at my door about 20min ago. i wasnt in the mood to argue, so i told her to just do it and get it over with. but i did make her aware that her notice of coming over was a week ago and she never came.


our house has a fence in the front, so the gate has to be opened before you can get to the front door of the house. how far does she have to come onto the premises before its considered "entering"???

does she need to step foot in the house or is it enough to knock on the door or gate to be breaking the "without 24hr notice" notice?

[Rusty]

it should be defined in your contract/lease

If not under Common Law Breaking is considered making larger and pre-existing opening and Entering happens when any part of her body or apparatus she's controlling crosses over the "threshold" (which isn't the literal meaning but more like the plane on which your property ends)

I know this isn't exactly your question but i hope this helps.

Edit: Landlords are still in Legal title to the property. I don't know the exact law on it but I believe that there are certain times when they can enter your property w/o your permission. Also you might not be able to really do much about it until it becomes harassment. I know i've read some cases where just the occasional entry w/o permission wasn't a violation of the contract.

[DrLove'sKuDang]

so your landlord is allowed to come knocking on your door unannounced?

[DJ metadelic]

my old landlord used to do this a lot, or he would send one of his sons who worked for him up to our apartment unannounced. they're not allowed to do this, period. at least, not in the state of vt unless specifically noted in the lease's written agreement.

[evil_demon_01]

I was always under the impression that its the front gate.

[visualpoet]

I believe they have permission up to the point that they can let you know they are there. If she can ring from the gate, then the gate, if someone has to come all the way to the front door to announce themselves, then they are allowed that far. I believe technically, she really doesn't have to give 24 hours notice for things like mowing the grass, trimming the shrubbery, anything outside the actual structure itself, unless those are duties you usually perform yourself.

I know when I was maintenance supervisor for an apartment complex, we only had to give notice to enter the premises. Laws differ from state to state, but in most cases it's 24 hours to enter the structure itself, not to come on to the property.

[DrLove'sKuDang]

I believe they have permission up to the point that they can let you know they are there. If she can ring from the gate, then the gate, if someone has to come all the way to the front door to announce themselves, then they are allowed that far. I believe technically, she really doesn't have to give 24 hours notice for things like mowing the grass, trimming the shrubbery, anything outside the actual structure itself, unless those are duties you usually perform yourself.

I know when I was maintenance supervisor for an apartment complex, we only had to give notice to enter the premises. Laws differ from state to state, but in most cases it's 24 hours to enter the structure itself, not to come on to the property.

yea, sounds about right unfortunately. i was looking for a reason to give her the finger and walk away from the lease. she wouldnt have the balls to pursue me cause shes an amateur.

but according to her lengthy walkthrough when we first moved in, all yard work was made our job... which was why i was so irritated when we moved in. i wasnt aware that i was a live-in gardner until after the papers were signed... but thats beside the point.


to answer your question. what she did today, was made a duty of mine, by her, when we moved in.

[owequitit]

i know its usually a 24hr notice before they can enter your home/apt. so heres my short story.

side note, my landlord is crazy... sucks balls that im tied to a lease


anyways.

about a week ago she calls me and wants to come the next day to trim the rose bushes in the backyard. she was supposed to come the next morning while i was at work, so i told her to come whenever, but ill be home by 3 and i want peace and quite.

she never came by that day, and i hadnt heard from her since... until she showed up at my door about 20min ago. i wasnt in the mood to argue, so i told her to just do it and get it over with. but i did make her aware that her notice of coming over was a week ago and she never came.


our house has a fence in the front, so the gate has to be opened before you can get to the front door of the house. how far does she have to come onto the premises before its considered "entering"???

does she need to step foot in the house or is it enough to knock on the door or gate to be breaking the "without 24hr notice" notice?

I am pretty sure that CA is like AZ, or at least similar, where they have to post 24 hour notice prior to entry. Without that notice, in writing, they can't lawfully enter the premises and you can legally have them removed.

If they don't post notice, or enter without posting the proper notice, then she is probably in violation of state housing law. Not so much a breach of contract, which would be like raising your rent or something with it being stipulated ahead of time in the contract. However, depending how you want to pursue it, it may be grounds for contract voiding, or she may just let you out of it, if it is going to cost her more in trouble for herself.

Your best option is to go to the local courthouse, where they should have a readily available handbook with all of your real estate laws in it.

Many people think that because they are deed to the property, they can do whatever the hell they want, but in actuallity, as a leasee, and a tenant of the house, you have a legal right to privacy and all of the "privledges" that go with it. Obviously, the logical middle ground is that they can enter to inspect their property, but they have to do it within a reasonable set of limits that also protects YOUR privacy and property.

Now, I also know that in AZ, if they post the notice, they can come in, whether you are there or not.

If you explain to the court clerk what you are looking for, they will probably know immediately what you want. That will spell out all of the details in fairly plain language about what they can and can't do, and what you can and can't do.

[wed3k]

if a landlord just enters my house with no notice, id just blow them away with my double barrel shotgun. throught it was a thief.

[HondaB18]

[QUOTE=DrLove'sKuDang;2443651]yea, sounds about right unfortunately. i was looking for a reason to give her the finger and walk away from the lease. she wouldnt have the balls to pursue me cause shes an amateur.

but according to her lengthy walkthrough when we first moved in, all yard work was made our job... which was why i was so irritated when we moved in. i wasnt aware that i was a live-in gardner until after the papers were signed... but thats beside the point.
[QUOTE]

Was the gardening issue stated in the lease agreement? You can negotiate before renting/signing. Landlord owns the property so they set the rules, granted there are rules that they should follow as well but there are loopholes that they take to make your lease agreement not pleasurable. Maybe it was a misunderstanding or maybe she had a small window of free time or maybe she doesn't know, she is an amateur after all right?

[visualpoet]

if a landlord just enters my house with no notice, id just blow them away with my double barrel shotgun. throught it was a thief.

Agreed, but you can't just blast away at someone at the door. The issue here is her being on the property, not inside the dwelling. Maybe a warning shot over her head?

[deevergote]

Knocking on your door isn't necessarily breaking your lease, any more than a Jehoava's Witness is illegally trespassing on your property.

I believe the 24 hour notice pertains to actually ENTERING your property. Many landlords, especially in apartment buildings, will simply unlock the door and enter the residence. For this, 24 hour notice is required... since it would be a problem if the tenant is not presentable, leaves breakable items around the house, or ends up attacking someone they fear to be a burgular.

Then again, "24 hour notice" is a bit vague... and should be clarified in the contract so both you and the landlord know EXACTLY what that means.

[Lil' Whitie]

Knocking on your door isn't necessarily breaking your lease, any more than a Jehoava's Witness is illegally trespassing on your property.

I believe the 24 hour notice pertains to actually ENTERING your property. Many landlords, especially in apartment buildings, will simply unlock the door and enter the residence. For this, 24 hour notice is required... since it would be a problem if the tenant is not presentable, leaves breakable items around the house, or ends up attacking someone they fear to be a burgular.

Then again, "24 hour notice" is a bit vague... and should be clarified in the contract so both you and the landlord know EXACTLY what that means.

it is Jehovah btw look up pslams 83:18 lol. i used to mow grass and from what we do we show up any time. if there is a rain day or not we can't show up the exact time everytime. so if loand lord just trimming bushes then she is like maitence. she is not acually entering you house so she is just there to maintain the yard.

on a side note. i had a buddy who the landlord show up unannouced and inspect it fi it is clean enough all the time. like once a month. she just whow up and like clean your apt before i kick you out lol. dunno why he let her do that lol

[wed3k]

Agreed, but you can't just blast away at someone at the door. The issue here is her being on the property, not inside the dwelling. Maybe a warning shot over her head?

i was talking about opening the door and walking right in, granted i dont leave the door unlocked so there's no feasible way this would happen.

[deevergote]

it is Jehovah btw look up pslams 83:18 lol. i used to mow grass and from what we do we show up any time. if there is a rain day or not we can't show up the exact time everytime. so if loand lord just trimming bushes then she is like maitence. she is not acually entering you house so she is just there to maintain the yard.

on a side note. i had a buddy who the landlord show up unannouced and inspect it fi it is clean enough all the time. like once a month. she just whow up and like clean your apt before i kick you out lol. dunno why he let her do that lol

Thanks. I don't need a lecture on religion for a typo.