landlord's illegal entry now wants to evict me 38 posts by 16 users

Posted: 03/04/2008 at 09:46AM

Remember, Law and Order is a tv show, not a pre-law course.

Landlord-Tenant laws vary from municipality to municipality. Most laws say 24hr written notice in advance, or within 48 hrs of entry if there is a matter of urgency or emergency.

You may have recourse through the law to collect punitive damages, but in most cases the matter is contractual and handled in civil court.

Where I landlord, a tenant should receive a 10-day notice to correct a lease violation or vacate. After that, the eviction process starts.

If you are month-to-month, the landlord need not give you any reason to ask you to move after your lease term expires (30 day notice)

If your landlord really came in illegally, you might have some negotiating leverage, but you should be prepared to get rid of the dog (and pay for any damages the dog may have caused).

In a practical sense, you're better off finding another place to live than insisting that you stay somewhere where you and the landlord have an adversarial relationship. You don't need the smudge on your credit report and landlord history, and if you were my tenant and caused me court/eviction costs, I would do everything within the bounds of the law to make sure another landlord doesn't have to deal with a problem tenant.

Posted: 03/04/2008 at 10:22AM

what state are you in? Check your local laws. Also, don't forget that you broke the lease by having a dog.

Thanks
-Rich

Posted: 03/04/2008 at 12:22PM

Actually, I am the landlord who illegally entered my tenant's apartment because I suspected that multiple animals were living there. I saw no signs of animals but many food bowls and multiple litter boxes. But then I didn't go into the bedroom and there were no working lightbulbs in the basement so I could not see if an cats were down there.

The reason I entered was because when I went to pick up the rent check the community enclosed front porch reeked of animal urine. When I entered the unit the place was trashed, the carpeting looked like dandelion puffs from cats tearing at it and the place was utterly filty with a huge plate of meat sitting on the kitchen floor.

The odor from the porch was so strong that the upstairs tenant, who has only lived there for less than two months, had to burn incense in her apartment because of the odor. And yes, she says the lower tenant had a dog there that barked for two weeks straight.

I have an eviction court date next week because I gave my tenant 30 days notice and she refuses to move. She says what I did was illegal and that she has rights. I am worried sick that the judge is going rule in her favor because I did enter her apartment without giving notice. Not that it is any excuse, but I am a first time LL. She is my first tenant and it has been hell.

I didn't want to deceive anyone, but wanted to get a feel for what others thought of my bizarre situation. And yes, my tenant sees herself as the victim. My main objective is getting her out of there ASAP before I have a roach or rodent problem.

Posted: 03/04/2008 at 12:39PM

and the neighbor across the street saw me enter the unit. I am not going to deny it to the judge and will tell the truth and hope for the best.

I just hope the penalty isn't too severe.

We have a month to month lease and I have been trying to get her out of there since early January. She stopped payment on her rent check but piad when she received the 7day quit notice. I immediately filed the state form for 30 day notice and she should have moved on the 1st but hasn't. She says she'll see me in court.

I'm not sure what she has to gain. Surely the judge wouldn't allow her to live there if she refuses to move per the lease. Would he/she?

And I don't understand why she wants to live there if she thinks I'm such a bad landlord.

My lease doesn't say anything about notice just that I may enter the premises during reasonable hours for the following purposes: to inspect to see if the tenant is complying with this agreement, to make repairs, and to exhibit the unit to prospective purchasers, mortagees and tenants.

Posted: 03/04/2008 at 01:00PM

actually she was caught up on rent until the 1st of march and tried to give me a check for march but i didn't take it. i just want her out. i was afraid if i accepted her check that it would signal that she was ok to stay another month. wrong!

Posted: 03/04/2008 at 07:02PM

At this point all I want to do is get this filthy tenant out of my house before I have a cockroach or rodent problem. Yes, I made a mistake. A big one. I will pay whatever fine the judge imposes, but this woman has to go. I live in a rural area and theser are no landlord associations. I am pretty much on my own at this point and I hope for a sympathetic judge.

Posted: 03/04/2008 at 07:21PM

What I would do is hire a good real estate attorney TOMORROW! Explain the situation to her and find out what is likely to happen in court. Pets do not mean a pest infestation. I have dozens of tenants with pets and don't find any correlation between pets and pest infestations. While you are talking to the attorney, get answers to any other questions you have, such as tenant-landlord law, eviction proceedings, etc.

The more important issue here is that the tenant is breaking the lease. That is NOT good. The tenant is testing you. You need to step up to the plate and be the one in charge of your property.

If you do decide to compromise with the tenant, maybe you could charge her extra (rent and/or deposit) for having the dogs and agree to monthly inspections of the property. That way, you would both win. You would have extra money and security and the tenant would get to keep the dogs that are probably part of the family.

Good Luck,

Mike

Posted: 03/05/2008 at 05:28AM

So I should have an 'emergency' scenario in my back pocket?

Does anyone know of a landlord who has been penalized and what happened?

Posted: 03/05/2008 at 11:29AM

Yes, I called two local attorneys and they both told me they didn't think I had anything to worry about. They told me that I was within my rights. I live in a rural area and only a couple of attorneys even handle eviction cases and I called the two that were referred to me. I don't know what to do now.

Posted: 03/06/2008 at 04:59AM

So I should have an 'emergency' scenario in my back pocket?

I would not start making things up (an emergency scenario) and commit perjury. Although you will probably not be prosecuted criminally for doing so, you could certainly lose credibility in the magistrate's/judge's eyes and that could affect you for years to come.

I would strongly suggest that you hire a real estate attorney and have them help you with the eviction.

Good Luck,

Mike