I live in a house that has been divided by floors into apartments. There must be something wrong with the water heater for the upstaris apartment and plumbers were sent out to fix it. The problem is the water heaters are in the basement that can only be accessed through the first floor (my apartment). Neither my roomates or I were imformed by the landlord that the plumbers would be coming. The plumbers had a key and just came into the apartment while nobody was home. Can I kick the plumbers out? Doesn’t my landlord have to get permission before she gives plumbers a key to the apartment? Can I have my landlord or the plumbers arrested for illegally entering my apartment without permission?
Well, history has shown us that you have the right to demand the President’s taped conversations as evidence. And to call for an impeachment.
Oh, and you get the special joy of spanking G. Gordon Liddy until he cries like a little girl.
What?
It varies by state, of course, but typically, landlords are required to give tenants 24 hours notice prior to entry, except in the event of an emergency. If there was a serious problem, and the landlord was unable to give due notice, then generally he has the right to enter your apartment if doing so is necessary to effect repairs. What state are you in?
Things like this shoud be in your original lease contract. Dig that thing up and re-read it. If not mentioned there then it may fall under some State law, like QED metioned.
I would not attempt to persecute your landlord. Nasty things ALWAYS come of it.
You weren’t invaded since you weren’t even home at the time, and would you want the same treatment if your unit suffered from some emergency situation like the furnace going down in the middle of a cold spell? Give the guy a break and point out that you want advance notice next time.
Check your lease agreement, it will probably address this issue. If not, as Q.E.D. has said, check your state’s law.
I have to ask though: Why would you want them arrested? It seems petty to me, but you might have your reasons. I’d be concerned that the plumbers would refuse to come back when your water heater went out or sewer backed up.
“Oh, Varnsen is up to his armpits in sewage? Isn’t he the guy who wanted us arrested? Yeah, we can be out there in, um, three weeks.”
[QUOTE=Dag Otto]
Check your lease agreement, it will probably address this issue. If not, as Q.E.D. has said, check your state’s law.
I have to ask though: Why would you want them arrested? It seems petty to me, but you might have your reasons. I’d be concerned that the plumbers would refuse to come back when your water heater went out or sewer backed up.
[QUOTE]
Interesting comments, I would have never thought of them 
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The only way I’d go after the plumbers would be if they stole something or inflicted damage to the apartment the landlord could charge you for.
If you have grounds for it in the lease, I’d give the landlord an earful and leave it at that.
The landlord really should have let the plumbers into the apartment and stood there while they were doing their work, rather than just handing them a key to your place so they could go through your stuff at will. But the lease probably does give the landlord the right to enter the apartment when necessary to effect repairs or in an emergency.
I’m not a lawyer, but I would think that lack of hot water would count as an emergency.
I don’t want them arrested. I was just wondering what I could do if this continues to happen.
Under most landlord tenant laws, the landlord is always allowed entry is case of emergency. It doesn’t relieved him. however, for any damages or theft that may result from his or his agents’ actions, but you may be liable for all damages that may result in your refusal to do so.
I looked up the code and an emergency requires a serious risk of permanent damage to property or personal injury.
As defined by the landlord tenant laws?
Seems to me that a broken water heater could lead to flooding, which would certainly fall under “permanent damage.” Once again, look at your lease for the specific terms of entry.
Water heaters are potentially dangerous appliances. A malfunctioning water heater does pose a serious risk of permanent damage to property or personal injury. They can and sometimes do explode.
You were not at home, but did the landlord at least call and try to give as much notice as possible? I suspect that the landlord probably has your home phone number. Does he have other numbers that he can call to try to contact you?
The landlord never called. She has my cell number. And I was wrong one of my roommates was home, but the plumbers just came in without even knocking.
This happened kinda to me about 10 years ago. I was renting an apartment in downtown Minneapolis with a couple buddies of mine. One of them, we’ll call him Todd, had his bedroom wall sharing the same wall as the pipes for the bathroom. Well, the pipes sprung a leak and none of us were home. The landlord and plumbers came in, moved Todd’s bed and nightstand, ripped open the wall in the bedroom, and fixed the leak. They left before any of us got home leaving a note that they’d be back to fix the wall. The funniest part of the story was that the other roomie and I got home before Todd did to see the mess. Including the fact that the move of the nightstand and the bed left some of Todd’s sex toys in clear view of anyone wandering by. They moved the bed but they didn’t move those when going to the wall. Can’t say I blame them but boy did we give Todd grief over that for months.
They had permission from the landlord and were on the job, not observing social niceties.
If roommate was home, presumably roommate gave permission on the spot for the plumbers to proceed, in which case there would be no need to call you. The issue then is coming in without knocking. They should have knocked, but roommate should have raised the issue then and there.
It may also be worth noting that plumbers entering an apartment with a key they obtained from the landlord are not “breaking in.”
You may have a legitimate gripe (with your landlord) about the lack of notification, but no sane person would consider this the same as a burglar smashing a window or picking a lock. If you call 911 and report a break-in, the cops are not likely to be pleased with you when they arrive to find a plumber in the basement.