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.
It’s not just your building if you’re renting it. There are rights and obligations on both sides. This landlord is not going to win any prize for handling maintenance issues. If I came home to a broken kitchen and new locks, I’d go ballistic.
You asked a legal question, but it sounds more like an issue of unprofessional douchebaggery than a police-worthy break-in. You can write a letter of protest to your LL, but pursuing a legal option would be time-consuming and likely unsatisfying.
If you are paying cheap rent, chant this to yourself as you clean up the mess. If you are paying top-dollar rent, start looking for your new, professionally maintained, swank pad ASAP.
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.
Remember who actually owns the building, people!!!!!
mod – Snort.
AstralOil, Your response, as usual, is how do you say? Spot on!
It is irrelevant what a lease says in regards to entering the apartment. Without “prior notice” the LL has broken the law and I don’t believe the situation as discribed was an emergency. Regarding the keys. Even if the LL didn’t have the keys he had no right to break in. His only right would be to legally ask for the keys or face a possible eviction.
RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. Additionally, a landlord may not interfere with the installation of cable television facilities. Public Service Law § 228.
Arkady, Thank yins, as sun as I hitted the post button I relzized what i’d dun. I nerly souled mishelf.
Read your lease. The one I use from RSA (and probably many landlords of RS apartments use the same) says…
“14. ACCESS: Owner shall be permitted to enter the apartment at all reasonable hours for the purposes of making repairs, showing the apartment to prospective renters, mortgagees, or buyers, making improvements to the building, and for the inspection of the apartment. In the event of an emergency which affects the safety of the occupants of the building or which may cause damage to the building, Owner may enter the premises without prior notice to Renter. Failure to provide access is a breach of a substantial obligation of this lease.
…
26. KEYS: Renter must provide a key to any and all locks to Renter’s apartment to Owner, and Owner must pay the Renter the reasonable cost of the keys. Renter shall not install a double-keyed cylinder in any lock to Renter’s apartment.”
You may have breached the lease by failing to provide keys, and failing to provide access. I’d agree with starfish1948 – probably nothing illegal on the part of the LL; you and LL have a poor relationship.
Not quite:
“The LL should of had a disinterested party…”
…should have had…