Okay, say a person can be a rather poor housekeeper. The super would never know this if he didn’t come in to the apartment without the tenant’s knowledge or permission, for this tenant thoroughly cleans whenever she knows the super will be coming in. Can her landlord legally evict her when the knowledge of her horrid housekeeping comes from illegally entering her home? (Actually, the housekeeping isn’t THAT bad. We’re just talking dishes stacked up from maybe two days ago and some clutter. There’s nothing rotting in the place and it smells just fine. Basically. But the super tends to exaggerate to the landlord because he really hates the tenant because she has objected on several occasions to him coming into her apartment uninvited.)
Read your lease. This is the first thing to do. If nothing is in there to the contrary, the landlord cannot evict you for dirty dishes. You’d have to inflict some damage to the apartment, not to your own personal property. That being said, your local state laws are important. In most states (I think) a landlord can evict a tenant at will (i.e., you don’t have a written lease) by giving 30 days’ notice. In some states, it may be more. If you have a lease, you are safe provided you don’t break any of the provisions in the lease.
I suspect what they would be going for is “creating a health hazard”. The concern is, if by the tenant’s activities, the place becomes infested with vermin (insect or otherwise), that constitutes damage.
But, do look carefully at the lease. Also check housing codes in your locality.
If you are on a month to month lease you can be asked to leave without need to give any reason, just 30 day notice.
If you have a lease, then the terms of the lease apply.
In any case the landlord has no business coming into your place except for valid reasons like maintenance and then he needs to give you notice. You can just change the locks. If he comes in without your permission, he is tresspassing.
Also in any case: do the dishes and don’t be such a slob. As a landlord I would not appreciate a tenant who does not keep the place clean as it invites pests. Tenants love to blame the landlords for pests but it is themselves they should blame.
If an eviction notice is given, usually a 3 day one posted on the door, march right down to an attorney or legal aid. You’ll file papers contesting the eviction and list reasons why, usually to the land lord. When served with a 5 day notice, usually by an officer of the law who pokes it in your door, go back to the lawyer. You’ll file a contention listing reasons why you should not be evicted or why you need weeks or a couple of months to leave.
One copy goes to the clerk of the court, you keep a copy and one copy is mailed to the landlord. If a hearing comes up, the judge usually is on your side. So long as you pay rent, even if he returns the check, he may not lock you out, nor may he cut off any vital services and he may not forcibly evict you until the terms of the court have been established.
However, if the court gives you X number of days to be gone, you can protest the amount if needed, and you are not gone when said number of days is up, the landlord may, in the company of a law officer, throw your stuff out on the lawn.
Even if you win and the court denies eviction, look for another place, because that landlord is not going to do anything for you without a fight and will be seeking ways to evict you.
Depending upon the state and city you live in you might have to notify the landlord that you’ve changed the locks and give him a key. Landlord generally have to have the ability to access the property incase of an emergency. eg busted water pipe etc…
I worked at a 723 unit lower income apartment complex in North Carolina for three years. We were never successful in evicting someone for having a messy apartment. We only tried a couple of times, and believe me these apartments were bad! One apartment was so bad that when the women who lived there finally left on her own we had to rent a dump truck to clean the apartment out.
However, the magistrate told us that we could not evict someone based on “lifestyle” choices. Your housekeeping habits (or lack thereof) were considered lifestyle choices to this magistrate. Even if someone was doing something obviously dangerous like using there oven to store old newspapers.
It was also against the law for us to enter someone’s apartment with out their permission unless there was an immediate emergency.
What country & what state? Laws vary by state in the USA.
Get a book at your library or bookstore, TENANTS HANDBOOK, or find it at Nolo Press. [nolo.com?]
They have to give notice, though, 24 hours & can only come in on certain days. ANyway, we would have to retype all this after finding out the country/state.
Buy or borrow a video camera and record your super entering the apartment unannounced. Hide the camera so you can confront him and get a ‘confession’. Take it to the landlord and demand that the super be fired or you will talk to a lawyer. Add that you fear for your safety since the super could just come it at any time and assault you.
How often is he entering your apartment, and why?
I had a friend whose landlord was a lonely old man. My friend would come home and find his laundry done and folded, or his bed made. Once he came home and found his dishes done and an empty beer can on the coffee table. Sad, but very creepy. He eventually moved out because the guy just kept “visiting.”
I’ve lived in my apartment for two years. After six months, I realized what most of the regulations were for.
Yes some rules (No halogen lamps of any kind are allowed here. They’re a fire hazard) are for safety. Some are to reduce hostility between tenants (No blasting music after 10:30 pm). Most rules however, exist so that the landlord may evict a tennant they dislike. It is almost impossible to comply with all the rules in my lease. Since the the landlord likes me, I’m safe. I have had an undeclared roomate. He changed his car’s oil in the building lot. I allow visitors to bring pets. These are all violations. I never heard a word about any of them.
According to my lease it is legal for the management to enter without notice. I’m sure that your landlord could come up with some excuse as to why they entered your apartment (gas odor, plumbing leak reported etc).
If your landlord hates you, move. Sooner or later you will break a rule and your landlord will have legal cause to evict you. This may seem like giving in, but do you really want an enemy who has keys to your place and can shut off your utilities(Oh sorry about that. It was an error in paperwork)?
Its strange we have to give references. Owner should have to give them too!
Mishell , get this. I was living in a house (not apartment) owned by a independent person. This man had said he was coming over to make repairs to my ceiling that I had requested. I told him I would not be home on thursday afternoon. Well, what do you know he showed up on thursday afternoon. I was not home till late that night. I get home to find an eviction notice on my door cause he had thought that my home was unclean according to his experience. I did not fight him at the time. What I did was move out get an attorney and sued the jerk. I WON!!! Legally a landlord cannot enter any tenancy without permission or just cause. I think that you should speak to your local legal aide services. They are either free attornies or are very cheap. they can help you they generally deal with tenants laws. I wish you the best of luck. My idea change you locks.