Landlord Broke Into Apartment
This is what happened, you tell me if it’s legal. I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock. Once I get into my apartment the kitchen is trashed….
This is what happened, you tell me if it’s legal.
I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock.
Once I get into my apartment the kitchen is trashed. Meaning : the counter and cabinet on the side of my stove has been taken apart and what was on the counter and in the cabinet is scattered all over my kitchen, and there is a huge whole on my wall exposing a pipe.
After asking my super/landlord for repairs for the past 20 days (and working from home, and checking with him every day on when the repairs will be made) The one day I go to work the super/landlord shows up, breaks into my apartment, changes the locks and doesn’t even repair damages.
He never called me asking for permission to come into my apartment, and didn’t even ask for a copy of my keys; Believe me I would have even stayed home if I had to for them to fix the damaged pipes.
How legal is what he did? Break into my apartment without notification, change the locks, not clean up after construction work was done in my apartment, not leave a note or anything, and leave metal dust all over the floor from when they sawed through the deadbolt lock?
Thank you, I appreciate any advice or knowledge.
You’re missing the point Iris, under the NYS penal law, there has been no crime committed. There is no such crime as illegal access, or break-in. It’s going to end up a civil case, which is probably going to result in a hearing officer telling both parties to start acting like adults. As Maly points out, the real question here should be how do both parties do that. Bluster and/or threatening is not really going to help, and if as I suspect, this situation was originally addressed by poster Diemond, then they were complaining about how long the repair was taking and were threatening to withhold rent for the cost of eating out. If I were the landlord and trying to get a situation resolved and a tenant told me that, it would annoy the crap out of me. If you read the post, it’s the landlord who keeps running back and forth making copies of the key, not the OP. As per the post, the landlord doesn’t want to give up the original, but he keeps making copies. I assume he’s not the actual locksmith, so ultimately how much can you fault him for this?
Yes, the landlord should have notified the tenant, but if I had a tenant who was without gas and the plumber was there ready to go, and I couldn’t get in touch with the tenant, I’d still go in. Should the landlord have made sure the place was clean? Of course!
In my opinion, both parties have been unreasonable. If the landlord were on this forum, I’d tell him the same, but he isn’t (as far as I know) so I’ll stick with Chillhouse, who needs to do exactly that, chill when it comes to the house.
Yes, your landlord is an asshole. I think most agree with this kernel of truth. I truly feel sorry for you, because of his douchebag nature, and also because you have almost no recourse. One the one hand, he is harassing you, but on the other hand he can explain all his actions away well enough that a judge would be hard-pressed to give him a hard time. Maybe it was an emergency, maybe the plumber didn’t give him a set time, maybe the repair unexpectedly required a second visit, maybe his locksmith is a clueless idiot.
RS budings are typically badly managed, and judges can only give you so much relief. Typically, tenant/ll relationships become contentious. Your landlord acts disrespectfully, you respond by asserting your rights, and so it goes. This started before you arrived in NYC, and will go on after you move on. In this instance, you could go to the housing court and ask for help. Also, if your kitchen is not operable, call 311 and lodge a complaint. Or you could have a face-to-face conversation with the super. Or you could consider your sub-standard housing a rite of passage before you get to better places. There are no right or wrong answer, since the ultimate effect will be similar. Do what will make you least aggravated.
As I mentioned previously, you need to talk to your landlord and then write everything down. It is always advisable, imho, to do most communicating with landlords on paper rather than in conversation. And your letters do not just have to be recaps of what you discuss. You can make demands, based on what you’re entitled to under the lease. In this case, I’d be writing a letter expressing my disappointment with what happened and demanding assurance that it will not happen again because you want twenty-four hours of notice before repairs begin. These letters will also be useful if the situation escalates and you end up in court. (hopefully not)
As to changing the lock being “definitely illegal.” Well, assuming the tenant has paid the rent, which gives him the right to occupy the apartment with the level of security that existed when he signed the lease, and considering there didn’t seem to be an emergency which would justify the landlord needing immediate access…it’s either an outright break-in or an illegal access. Take your pick.
And OP: don’t keep going back and forth with these keys. Document how many times you’ve had to go back and forth and how much it’s going to cost and tell your landlord you’re going to small claims court.
I understand that a landlord needs access to every apartment he manages- of course he does! There is obviously a problem with communication between the landlord and tenants- because I am most willing to work with and cooperate with him to make any kind of needed repairs.
I do not know why it is so difficult for him to communicate a date that repairs will be made. I am more than willing to be accommodating. He is being stubborn and not wanting to work things out- it’s his terms or nothing at all. Is it that difficult to call or stop by and say “tomorrow the workers are coming.”? How do I know if he will come back to my apartment whenever he pleases? I don’t even feel safe in my apartment; he has shown no understanding to why a tenant would be upset to come home to an unexpected kitchen disaster without warning? Like I have continuously mentioned, I am willing to cooperate, but how can I if he won’t take any cooperation.
There have been many more serious repairs needed in my building where access was needed to a tenant’s apartment to fix a leak and they never forced their way into that tenant’s apartment. I feel like my privacy has been invaded and that he has no respect for me- I mean he didn’t even leave a note or anything to let me know he had come by to do work.
I know a lot of people have taken their times to comment and also express their personal opinions. I’m sure some people have dealt with a landlord who was difficult to communicate with and gave tenants a hard time. I feel like the main issue is that he does not respect me and does what he pleases whenever he sees it convenient.
How is changing the lock “definitely illegal”? What’s the crime? With burglary, you need to commit a crime once you enter. What crime was committed once inside? There is no such crime in NY state as breaking and entering. Maybe criminal trespass where the person trespassing has no authority or right to be where they are. This brings us back to what his authority is, which in turn is going to lead to an interpretation of reasonable, which is subjective. If in fact this is the same situation as previously discussed by Diemond in previous posts, then I think the landlord can make a very strong case that he acted reasonably.
The tenant in this case states that the the landlord keeps making copies that don’t work. The landlord is trying, he’s making copies of the key. If he gives the tenant the original, how is he going to get in if an emergency situation arises? They had to drill out the old cylinder, which presumably the tenant replaced. That takes time. What if this had been an active gas leak, or cascading water, Chillhouse? Would you have been willing to pay for the extra damage caused by the time delay?
The copies of the keys he has made me for the new lock don’t work. I have gone back and forth 4 times and they keep making copies that do not open the lock, and he refuses to give me the original.
I’m not sure if an HP proceeding would really help in this case. HPs normally address situations that are violationable–lack of smoke detectors, window guards–not problems with repairs.
Talking to the landlord is certainly important, but after your talk you need to write up a summary of what you and your landlord agree to about notice and the condition your apartment will be left in each and every time workers need access and mail it to him. (I’ve written a lot of letters like this. The first sentence is always: “I am sending this letter to memorialize what we agreed to on x-date.”)
Changing the lock is definitely illegal. If the landlord didn’t have a key to the lock you installed–or that he’d installed years ago and lost–that does not give him the right to change the lock without notice and enter your apartment.
Plumbers make holes that others have to fix. Until the plumber completes the work, you have to leave the holes. That is the way it is. Plumbers come when they want to not when you want them to come. They are always fixing someone else’s emergency. A gas leak is an emergency. No judge will hold otherwise.
Hasn’t this landlord/tenant relationship been the subject of some previous posts under a different name, or is it just a weirdly similar situation? Didn’t the previous poster say that not being able to cook was a huge inconvenience and you were considering legal options then as well?
It’s amusing to see people on here saying that the law unequivically states this or that when in fact it’s all going to come down to the interpretation of the judge or the hearing officer. Your interpretation of reasonable is probably not the same as mine. That being said, I’m fairly sure that the fact that the landlord didn’t lock the new deadbolt and he provided you with a key indicates that he in no way meant to deny you access, which I believe is the main requirement for an illegal eviction charge.