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Discussion in 'Security' started by wakinandbakin, Nov 18, 2011.
It's illegal for the landlord to take a peek in their own building?
Well, yeah for the most part.
it's illegal for a landlord to enter a unit without permission...If they want to inspect or do repairs they have to give you notice.
Tenants have the right to privacy
In fact, it's a lot more difficult to evict someone than you think.
If it's not an emergency, then yes, it's very illegal for a landlord to just drop in unannounced. If it's a house, with a mention of land or acres included in either the lease, or even just in the rental advertisement, in most states he's not even supposed to arrive on the property or knock on the door unannounced; a phone call or written notice is required.
In many locations, that still goes even if you're in a no-lease/month-to-month situation.
In any other circumstance besides an emergency, if the house isn't burning down, being visibly robbed, or if it doesn't have water gushing out the front door.... if it is not an emergency, a landlord or property manager is required by law to give his tenants at least 24hrs, to 7 days notice depending the state law (and that's for inspection, routine maintenance, upgrades, etc.) A person paying good money has the right to privacy, and fair notice.
If your landlord tries to re-write the law, and your lease specifies that anything different can occur from the above, it's generally not legal, and the lease itself may be considered fraudulent.
I've personally had experience with property owners being given restraining orders, preventing them from having access to their own property until a tenants lease was up (nearly a year), after violating the rules by what is sometimes just called 'keying in', without giving notice, while it turned out the tenant was inside and bathing, rather than out shopping or working, like he thought.
edit - Will ninja'd me.. took me a whole 10 minutes to think/type that out
Sometimes with issues like this I will do some creative story telling. Let the landlord know that you had family in for the holidays over the weekend and the fridge died. Tell him you had diner to prepare and no time to track him down on a Saturday night (make sure your receipt comes from the Saturday night in question.) Let him know you just picked up the fridge and give him the receipt. He will probably deduct the cost of the fridge from your next months rent due or cut you a check. If you work it right you can get your way and keep him pleased with you as a tenant.
Thanks for all the input, I am just pondering upon the future.
Though landlords could just give a thirty minute notice and show up legally right? Or could you (suspiciously) refuse?
Twenty-four hours notice is a minimum, in (I'm almost certain) every single state in the US.. and it used to be anywhere from 48hrs, to 7 days in a few places. It may still be.
It's the same for many other countries, as well... and in some places, where 'squatters rights' or adverse possession is more widely practiced, a landlord entering illegally can begin a chain of events, that ultimately leads to the tenant living in a dwelling rent-free for a period of months, or even years.
Anyhow, even if he calls, he can show up no earlier than the same time, the following day.
And if it's just for something routine or planned far in advance, it may not be required by law, but it is common courtesy to give a tenant just as much notice as he has had, himself!
But still, it's a good ideal to always be prepared for those landlords who've 'neglected to take the law into consideration', especially if you're doing something naughty in his property.
They're the one's who (if you don't get caught doing anything you shouldn't be doing, that is) can potentially wind up with restraining orders, preventing them access to their own property, if a tenant is ballsy enough
There needs to be a true and legally-defined emergency, where time is of the essence or the property would be damaged if a matter isn't handled right away, for instance, for a properly manager or landlord to enter with any less than 24 hours notice, or no notice at all.
In a contract there is no concept of illegality existing since the contract exists between two people. You may breach the contract by not upholding your duty, but you're not doing anything illegal. It basically comes down to who is liable for damages. This sounds like a conditional contract which means the landlord is liable for damages, provided the condition has been met by the tenant which gives notice that something is broken.
You don't have a legal obligation...get a quote on the refrigerator parts and forward them to your landlord, you're covering your ass and also keeping your LL out of your space.
Don't get all tricky-remember you need to give the impression your not growing pot! Act like a sober knowledgeable little indepedent and you'll do fine.
Adverse possesion refers to a long amount of time of squatting though, it would take years before you get a few months of rent free correct? Something along the lines of two decades.
I have no idea how squatting works in each area of the US once a landlord has violated a tenants rights, I do know American tenants have fewer rights than some countries when it comes to squatting and rentals in general, and a few more, than others... it also varies state by state.
I'm by no means a tenant-rights expert for all areas of the globe. I've just lived in a lot of rentals on a few different continents, I've invited cops into my house of my own free will with grows going on, to file complaints and to prove my case, and I've been to court on a few occasions to set my share of landlords straight.
edit - I think that may be why the whole fridge thing doesn't phase me, quite so much... things like that can happen in a rental, you just have to think on your toes and find clever ways of dealing with stuff, while at the same time keeping a landlord happy and content enough to leave you alone.
You let police come into your house when you were growing... pics or it didn't happen lol
Once you've been doing this for long enough, you learn how to behave in front of the police responsibly while asserting your rights.
Ok, be prepared for a long, ridiculous story.... it's a little unique and a bit unbelievable, but I think I've covered or changed enough details to keep from being identified.
During one (and my only, really serious) landlord altercation in particular, I had police in my home on over 14 different occasions, and that's only once I started counting.... they were in my living room, and using the bathroom one door down from my grow room (one of them actually tried the door knob on my grow room, while looking for the bathroom! Locking door knobs are a must, in any growers home. )
If you're confident, and if you've been doing this for long enough, you know how to act when the law is around
I was in a situation with two property managers, a man and a woman, the man was the owner and the woman the property manager... I lived in a home, next to several vacation rentals, owned and operated by the same people.
My rental was long-term lease for a year, in a house (originally the owner's home), the other rentals were short-term cabins, who'd have new tenants sometimes for only a week, sometimes for a month.
And the property managers would wait, in the woods, and key in as soon as they witnessed all occupants leaving a property.
I didn't leave my home much (I still don't, lol), but I do get out from time to time
But just imagine how I felt, with a grow in a bedroom, once I saw that happen with each and every new tenant, in every adjacent building! And I'd been there for long enough, and I'd left the house often enough, that I knew they must have been in my house, too
While I watched, one of them would go in, and the other would be out of sight, presumably way up the road, in the woods. After a while, I decided one would be snooping around, while the other was probably the look-out.
The first thing I did, was I stopped leaving my house, period, even with a locking knob on my grow room, until I had a house-sitter every time I left!
It was only two weeks, before the manager actually had the gall to use a phone book and call my elderly parents (they contacted two of my Uncles first, finding thier number), and b*tch about how I never left the house, and how there was always someone inside.
At this time, I'd already complained to my mum and dad, and they'd actually watched the house for me once or twice... they knew what I did, and assumed I was just being paranoid.
That phone call opened their eyes.
My mom said, "How would you know this, unless you've been watching?"
Eventually, my car was off the property with a friend and the driveway was empty for once, and I was that person in the shower when the landlord keyed in.... and long story short, a few police visits and court dates later, I had restraining orders against both the owner, and property manager, along with the privacy I deserved and paid good money for.
PS - Half-way through the incident, the police found a camp in the woods along with an unregistered, un-inspected truck in my landlords name, about 30 ft off my driveway (just off my property line, on the private road that connected all the properties) where the property managers had binoculars, and tents, and had been watching and monitoring all the residents.
One incident in particular still makes me chuckle to this day...
I had friends over, who happened to be employed by the State Police. We'd been smoking very heavily
It was the first time in almost two months, dealing with this, that I tried to 'let my hair down' and have company, with all this going on, when my landlord decided to pull up into my -yard- with that truck, flip us off, and drive off. (At this time, he'd already come in the middle of the night, and nailed my shed door shut so I couldn't access my belongings... apparently, my not letting them in any time they pleased while I wasn't home, really didn't sit well with them! Keep in mind they never once asked to do an inspection at this point.)
My friend had his State-ey laptop with him, and he ran an ID or whatever they do on that truck... he was the one who found out it was unregistered, and uninspected.. but he wasn't technically allowed to be using his lappy for those purposes! So he said "we're calling the cops" (his poor wife was FRIED by this point, but they both worked for the State).
It's pitch black, a cop shows up.. this is only the second or third time, and the first where I've been this blitzed, so I'm a little shaken. My buddy takes the lead.. he gets out his flashlight, we show him my shed nailed shut, and point in the direction where the truck went in a little dirt path into the woods.
Now, this cop looked like he would give hell to both sides of any story, whether you were in the right or not.. but believe it or not, the one thing cops hate more than pain-in-the-ass tenants, is a pain-in-the-ass landlord! After we'd told him our story, showed him the tire tracks in my yard and the shed, he drove over to the path into the woods with his high beams AND his search-light going, found their camp, and started hollering "This is the police, ____ ____ and ____ ______, are you in there? *silence*..... Answer me!"
The cops asks, "Have you been on a tenants property tonight."
"No.." before they can finish saying no
"THAT'S NOT WHAT I JUST HEARD, FROM A MAINE STATE EMPLOYEE, WHO I HAPPEN TO KNOW PERSONALLY"
At this point, the wife of my friend speaks up, and whispers to me "I babysat for his kids a few times "
Long story short, since this isn't as funny written out, as I remember it being (lol)... the property managers were warned for their vehicle, had to get new plates, and all (but I'm not sure if tickets were handed out).
OK, more funny bits are coming back.... so the cop has his lights on their encampment, and he asks; still screaming at them in fury;
"DO THEY PAY THEIR RENT ON TIME."
The woman property manager; ".... I don't.."
Cop; "I ASKED YOU A SIMPLE QUESTION: DO.. THEY... PAY THEIR RENT....ON TIME."
Woman; " Well **I** want to be able to do weekly inspections, and cleanings, and..."
Cop; "That is NOT your responsibility, nor is it your right.. now ANSWER ME."
Cop; "What in God's name does 'maybe' mean, YES OR NO?"
(I paid my rent 5 days early each month, for the 4 - 5 months I'd been there so far).
Long story short, she had to admit I'd never caused any problems, and the cop told me I had every right to change the locks on the door (I didn't get around to doing that, until it was too late), and file a complaint..
Eventually, after the shower incident we went to court, and restraining orders were had, and I moved out months before my lease was up... just as soon as my grow was finished.
Other points of interest, that I'd nearly forgot about until now;
** They tried, and succeeded, in shutting off my power even though it was in my name.
** They tried to shut off my phone, and failed, when the phone company called me first.
** I found an extension cord that wasn't there a week earlier, that led out through a hole broken through the foundation after being connected to an outlet -in my basement-, which led to two other extension cords, that led off into the woods. (It was after that was unplugged from the inside, that my power company got the word from the owners to cut the power.)
** They hooked a hose up to my house, so they could presumably bathe and wash their clothes while camping and spying, then left it running until my well was dry. I took photos of the hose, and followed where it led into the woods towards their encampment (the police officer was already aware what was down there, and he went to court for me along with the friends who witnessed the crazyness that night), and I took the photos to court (and I got to use those fancy evidence stickers!!! )
** But long before I knew what was going on, food went missing, nearly every time I left the house. One item in particular they liked; I'd bought three brand new packs of kraft cheese slices, and only got to open and eat the third pack, and for a short while (before the events that followed) I thought I was going absolutely mental.
Knowing all of that, it's probably not much of a surprise that I find a simple broken fridge, an easy issue to cope with
^^that is seriously some crazy ass shit!!!!
That was an incredible story, read the whole thing. How come these landlords were going in your house and spying on you?! And stealing food!?!? The fuck? I hope that never happens to me. Lol that cop was awesome.
I read the whole story, that's fucking nuts. I live in the city so I could never really imagine but....the landlords spying on you is some truly fucked up shit
That's a really insane story.. Haha
Badkitty, that story is crazy. Its amazing what some landlords do these days and think they won't get caught. I'm impressed to see how well you handled it. I like the idea of locking door knobs on the grow room. Last thing I need is someone to look for the trash can and spot something they shouldn't.
Went ahead and dropped the cash for a replacement fridge, same make and model only set me back $200 (hell yeah craigslist). Got a call yesterday from the water company about some maintenance in the basement. Went ahead and moved things around and organized some totes for easy dissassembly in case of an emergency. Did a "dry run" of sorts and I can tear everything down quietly in 5 minutes, in a hurry it takes just over 60 seconds.
Also decided to take this opportunity to redo a good portion of the setup. Should have all new veg/flower rooms next week as well as some added security measures. Might build a room for a few mothers if space allows. The priority is now to be safe and cautious.
Thanks for all the help and tips blades. Toke on