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.
People, FORGET THE PERMISSION FOR ACCESS ISSUE. The OP said he/she had been waiting for him to come (expecting him) for the past 20 days.
It’s a moot point.
dibs, if RC or RS building, LL doesn’t own it, tenants do. Didn’t you know that?
Sounds like there are two sides to this one.
I did find OP’s recounting of events disorganized. For example, when OP returned, the bottom lock was locked, but upper cylinder had been changed. That would indicate that LL had keys to at least one lock, and changed upper lock of his own accord. It doesn’t indicate whether changing the upper lock was necessary, or whether LL had keys or not. Plenty more in OP that indicates a lack of emergency, therefore a requirement that LL provide 24-hour notice.
OP is paying the rent set by his lease, a contract that requires that LL provide certain services and follow certain procedures. Whether rent is cheap or not cheap by anyone else’s standards, whether apartment is rent-regulated or not—these are irrelevant, and never proof or cause why LL is entitled to break laws, deny services, etc. OP, you are wasting your time getting “legal advice” on this forum, when you can actually spend time getting advice from knowledgeable professionals free of charge:
South Brooklyn Legal Services: http://bit.ly/a4J8bH
Brooklyn Housing Court Help Center: http://bit.ly/d9g5MZ
NYC Residential Tenant FAQ (including locks): http://bit.ly/dAwfux
Tenant’s Guide to NYC Housing Court: http://bit.ly/clTR6b
Attorney General, Tenant’s Rights Guide: http://bit.ly/a7JhpJ
“It IS relevant what is in the lease. I was about to post the same NYC RGB TENANTS’ RIGHTS GUIDE. The important part is “…(b) in accordance with the lease;…”
You’re wrong, “may enter a tenant’s apartment with reasonable prior notice”, is the relevant clause. What else is in the lease does not eliminate the right to have a “prior notice” given to the tenant.
My apartment is booby-trapped. My lease requires reasonable access by the landlord but is silent on my guaranteeing his personal safety once inside the apartment. All you owners out there: stay current on your tetanus shots!
Grammar and usage aside, there are too many unknowns here to pass judgment on anyone but you.
*It sounds like you changed your deadbolt and didn’t give your LL a key. That’s a pretty big F-you, it’s surely a violation of your lease, and your LL had every right to remove it.
*It sounds like there might have been an emergency if this is about pipes.
*It also sounds like you’ve really been nagging LL about the repairs. While I don’t know how your landlord is communicating with you, I certainly would not renew a lease on a tenant who called me every day for the past 20 days regarding repairs. Life’s too short for that kind of nonsense!
It takes two to tango, and I am sure your LL has also been behaving badly. But if you want to fix the situation, you have a lot of your own behavior that you could take responsibility for and address in a more positive way. I would tend to look at this as a good thing. Because you’ve done a lot to create the problem, you can do a lot to fix it. You are empowered here.
If your goal is to have a better relationship with your LL moving forward, I would not go to the police and suggest that your LL broke in. It’s an escalating move, and he’s got too much ammunition against you. It’s gonna backfire, and even if it works, what do you gain?
Instead, I would sit down with him, apologize for changing the lock and not giving him a key, ask what happened that required his entrance without your prior approval, and sincerely listen to his answer without assuming he’s trying to screw you. From there, you could probably have a pretty reasonable conversation about your expectations about repairs and access. But it sounds like a little de-escalating and trust building is in order first.
Good luck!
Not saying the LL isn’t a douchebag.
Is this a RS or RC unit?????
“As the OP said, he/she had been waiting for the LL/handyman to arrive to fix the problem anyway so the “permission” issue is a moot point.”
“may enter a tenant’s apartment with reasonable prior notice”
The burden of proof for entry is on the LL, not the tenant.
modsquad –
It IS relevant what is in the lease. I was about to post the same NYC RGB TENANTS’ RIGHTS GUIDE. The important part is “…(b) in accordance with the lease;…”
If the lease is not clear on this, tenant & LL may disagree over what constitutes reasonable prior notice. He may have said last week “my guys will get to it next week” while tenant was hoping for “my guys will be there tomorrow between 10am and 11am, can you be there and let them in?”.
Re: your suggestions. Filing a complaint? I don’t think the police will be terribly excited about this. Sue for damages? For what, some dust and some distress? Good luck with that.