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.
Bklnite: Hope you have your own good attorney for landlord/tenant issues. Throughout this thread you have demonstrated your willingness to substitute what you believe and what you interpret as replacements for a LL’s obligations by law.
I believe changing the locks to lock out a tenant can get LL thrown in the pokey. If LL changes a lock installed by tenant (for which tenant has not provided a key, possibly in violation of the lease) and still allows tenant access and provides a key, I don’t think he’s going to have a problem.
There are actually two separate issues here, the entry to the apartment and the changing of the locks. The discussions above mostly involve the entry.
In terms of changing the locks, this is a criminal act on the part of your LL, no question.
Six years ago, I was involved in a dispute with a person who claimed to be my landlord (he was actually in a lawsuit for ownership of the apartment that I was renting), the person threatened to change the locks on my apartment. I went to the precinct house and met with a detective and a community affairs officer to discuss what course of action I should follow.
They both explained in detail how changing the locks is considered B&E, even if done by the landlord for a reason that the landlord considers an emergency, valid because of payment issues, whatever. They also said that if the landlord did this they would throw him in the pokey right away. There were other details but it was six years ago, that’s the gist of it.
When you wake up to the fact that your blog is Tory, just remember, there are (at least) two sides to every story . . . .
My landlord broke into my pad.
I asked, but I’m still really mad!
I sought some advice.
The answers weren’t nice.
I hope this blog’s only a fad.
Personally, I’d take be skeptical of OP’s statements, considering there’s been 35 comments and he’s not clarified any of the issues. I think that’s pretty rude considering he wants advice.
I always find Vinca’s perspective helpful. It seems irregular that the landlord would not inform the tenant of access to the apartment. The landlord should have access to the apartment and should be able to access to provide services but should give notice, unless it is an emergency. I think that is in standard leases. If you want a good tenant landlord lawyer to consult to know where you stand legally other than the agencies Vinca provided, go to lawyer, Marc Aronson on Smith Street. He will charge you a very reasonable fee for a consultation. He never went to charm school but he can cut to the chase on where you stand legally.
panda10 – spoken like someone who’s never come home and been surprised to find a disaster in their apartment.
I know DIBs and several others here believe that tenants should be treated as minor children, and you should assume “As long as you’re under my house it’s my rules”.
But that’s not true. A lease means you’re giving up significant property rights in exchange for money. You are not paying to have someone show up with no notice and trash your apartment.
Recourses include withholding rent and charging the person who physically entered with breaking and entering. The B&E charge is overboard in cases like this. Rent withholding, however, is not.
It’s really easy to be snarky if you’re a landlord saying, “Oh, what’s the harm? What’s the big deal?”. It’s very different when it happens to you.
Wow- all this back and forth about whether its right/wrong or legal/illegal.
Let’s assume its wrong- let’s assume its illegal. What next? Is this tenant going to sue the landlord? For what? Not cleaning up? Violation of privacy?
So the OP is looking for advice here- and then she/he can tell the landlord “Uhmm, the dudes over at Brownstoner think you’re wrong and I’m right…”
If you’re not sure- then you have not been violated to a significant degree. You should just buy a six pack, ask the landlord to have a cold one with you while you talk about why coming in when you’re not home is not kosher unless you say its ok.
Or you can just look for validation here so you can walk around in a huff “knowing” you’re right.