Re: Let Landlord In without Notice?
- From: esnesnommoc@xxxxxxxxxxxx
- Date: Mon, 28 Nov 2005 17:21:53 GMT
On 28 Nov 2005, "cenorthamerica@xxxxxxxxx" <cenorthamerica@xxxxxxxxx>
wrote:
>If it says in your lease that the landlord must give 24 hour notice to
>come into the property and they come in with no notice to do routine
>maintenance is this legal?
It means that if the tenant wants to invoke that lease provision as a
reason to refuse access to the landlord to do the maintenance in
question, the tenant would have a basis in the lease's language to
support that refusal.
It also means that if the tenant were provably damaged in some real
life measurable way by reason of the landlord's violation of that
provision, the tenant could try to rely on that provision as a basis
for a court to award the tenant such damages, subject, of course, to
whatever if any other provisions there may be in the lease that affect
whether a court may award damages.
In some places in the U.S., there is state or local legislation that
requires a residential landlord to give some law prescribed prior
notice before entering a tenant's apartment to do routine maintenance
and it would not be "legal" in that sense in those places for a
landlord to violate such a law.
>Does one have to let them in if they show up
>at the door and say want to put in a smoke detector?
Was the landlord's or landlord's representative's request made in
good faith as distinguished from a pre textual way to achieve some
other end perhaps itself in violation of the lease?
Has there been a pattern of earlier landlord abuse connected with
the cited lease provision? If not and if the request really was to
enable the landlord to install a smoke detector, in what if any
respect was it genuinely inconvenient at the time for the tenant not
to allow the landlord to enter to do so?
If it wasn't convenient at the very moment the landlord made this
request, would it have been convenient a few minutes, or an hour or
so, later and, if so, did the tenant make such a suggestion and
request to the landlord and, if not, why not?
Did the tenant make an intelligently practical decision whether,
measured in light of whatever the tenant believed would be
inconvenient to the tenant if the tenant yielded to the landlord's
request, the probable landlord response, whether at the time or in the
future, to the tenant not allowing the landlord to enter to install
the smoke detector was worth triggering whatever might be the
resulting degree of contentiousness?
Why, IOW, do you think it important, or of even passing interest,
whether a one time request even if made without strict adherence to
the lease's notice giving provision to allow the landlord to come into
a tenant's apartment for the comparatively short time and limited
purpose of installing a smoke detector is or is not "legal"?
BTW, the answer to your questions will be: It depends . . . .
.
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- From: cenorthamerica@xxxxxxxxx
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