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Notice of Entry violations- what IS the law? - Landlord Forum thread 211498







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Notice of Entry violations- what IS the law? by Feeling Violated (Arkansas) on November 2, 2010 @13:37

                              
My family (husband, myself and four children including an infant) has lived in this house pretty much issue free for 6 1/2 years. With some insurance changes,our landlord requires smoke alarm checks, filter replacements monthly.. well WHEN the handyman comes to do them he's usually polite, prompt and non intrusive.. Now we have a new guy that I dont know. I've always either been home.. or the guy left the filter by the door. Now I think its a total violation of law and privacy for them to enter my home when Im not present. It does state in the lease that they can enter for emergencies or repairs but they've always given notice in the past. NOW they say they are changing things... CAN.. and WILL enter whether I am home or not.. notice or not... regardless of what the lease says (its ambigous at best) andif I dont like it or agree, they will evict me.

What if my children are home alone, they have to open the door for this guy? What if my husband has our car and Im asleep or in the shower, they can enter as they please because they assume Im not home? Why bother even knocking?

I feel like I have to sacrifice my sense of security in my own home, in order to keep a roof over my head and that THEY are somehow above state mandation. I've tried to look up Arkansas laws but some sites say there are no statutory regulations and others say they have to give "reasonable" notice... I feel like it doesnt matter. The handyman went back and told them I denied them entry because they wanted to test the smoke alarm battery when my baby was sleeping. I asked them to come back,I did not deny them entry. The landlord said if I deny them again, ever... Im evicted.

I've had a bad history of ex-landlords abusing privilages.. I'm scared to death of them just showing up when they feel like it. I dont want or need to feel paranoid in my home... So I need to know.. what IS the law regarding Arkansas landlord(or affiliate)entry? How can I resolve this issue with them when they are being so pushy? My resources and limitations won't allow me to find a new place to live... I hate being threatened with eviction over somethng that should be common courtesy!

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Re: Notice of Entry violations- what IS the law? by Anonymous on November 2, 2010 @14:08 [ Reply ]
As a landlord, I don't any wrong with your landlord. I don't think your landlord being threatened you with eviction. Would the handyman wake up the baby? Why did you deny them to entry? I don't think the landlord would send out the hadyman without telling in advance. The landlord would appreciate your coorperation beside you don't want to move.
Re: Notice of Entry violations- what IS the law? by Jake on November 2, 2010 @14:32 [ Reply ]
I do not know how many times I have posted that it is just plain stupid for a landlord to force himself in on a tenant. You are correct to expect and demand notice. You can not be evicted for insisting on a 24 hour notice. All of your concerns are very valid. You should not be expected to have your children open up for strangers or to have this person walk in when you are in bed or otherwise indisposed. The landlord is entitled to gain entry for maintenance but should also give you notice. Once more, it is just plain stupid for a landlord to force himself in on a tenant for any reason. The landlord can not "change things" just because they want to. Insist on a 24 hour notice and do it in writing by certified mail. Keep a copy of the letter and the receipt.
Re: Notice of Entry violations- what IS the law? by OK-LL on November 2, 2010 @15:07 [ Reply ]
Here's a nifty site that lists the entry notice and requirements for all 50 states, including Arkansas.

http://www.landlord.com/landlord_right_of_entry_by_state.htm

In your shoes, I would send a letter to the LL indicating that I am happy to accomodate the monthly inspection and maintenance entry, but it must be on a set schedule so that it doesn't interrupt my baby's sleeping schedules, etc. Include the days and times that would work for you and ask LL to select one and plan to exercise their right each month on that day & time. Since this regularly-scheduled maintenance, it shouldn't be that big a problem for LL or T to adhere to a set schedule of entry.

Re: Notice of Entry violations- what IS the law? by Anonymous on November 2, 2010 @16:36 [ Reply ]
First of all, I'd be glad you have a LL that cares enough to do those maintenance items for you on a regular basis.

Secondly in most states they need to give you a 24-48 hour notice. I have properties scattered in 3 states so I kind of do a never ending "round robin." When I am at a property about once a month, I try to see each tenant in passing and ask if there is anything they need.

We do a 3 month maintenance check, and I try to let them know a month ahead that it will be coming up so they can get the illegal BF's clothes and drugs hidden. (joke)

I am usually in an area for a week or so. So I try to give them a 3 or 4 days notice for inside repairs while we are working outside. I don't have too many problems.

Arkansas law is... by MassLL (MA) on November 2, 2010 @19:02 [ Reply ]
... "18-17-602. Access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(b) A tenant shall not change locks on the dwelling unit without the permission of the landlord."

You could have handed them the smoke alarm to be tested outside and then you or they could have put it back without the alarm going off in the house. Thus the alarm going off would not have waken the baby.

If your children are home alone, it is reasonable for them to deny entry to strangers.

If they enter without knocking, that's unreasonable.

If they try to evict you, the judge will make the final decision as to what's reasonable or unreasonable.

You've had 6 1/2 yrs "pretty much issue free" with this landlord; your EX-landlords were the ones "abusing privileges" (not the current one); and your current one previously hired a handyman that was "polite, prompt and non-intrusive". All good reasons to give this new situation a chance.

Re: Notice of Entry violations- what IS the law? by Anonymous on November 2, 2010 @19:31 [ Reply ]
Actually, I don't really believe whatever you said.
We still need to listen to the landlord. Am I right for all Landlord?
Re: Notice of Entry violations- what IS the law? by Micah (ME) on November 3, 2010 @11:02 [ Reply ]
Since I don't know the whole story from both sides everything is supposition. I inspect my apartments several times a year. I don't like to give a lot of advanced notice because then things get hidden. I need to know that my property is being taken care of properly. I inspect more often with newer tenants so that I can get a sense of them. Remember, you are in posession of a very expensive item that is not yours. The LL needs to be the boss otherwise he runs the risk of losing control over a very expensive asset. Put yourself in their shoes, you are just borrowing the place...

This is a new LL for you and you are a new tenant for him or her. Sounds like you are being tested as much as they are. Not all landlords can sit around all day waiting for the specific minute that you want them to come over. A lot of us are busy and have jobs and lives too. Not to mention scheduling around contractors and handymen. Most trades do not allow for such things. It's "I'll get to it when I can" business mindset. If you have concerns then you need to put them in writing, read it over several times, show it to an intelligent and reasonable friend, sit on it for a few days, reread it, then send it if you still want to.

These kinds of things can escalate quickly and your lease is up very soon. If you want to move then give your notice to vacate right now in writing.

Re: Notice of Entry violations- what IS the law? by Anonymous on November 3, 2010 @11:34 [ Reply ]
Why do you even put in work orders if you dont allow the LL to make the repair/s? I simply tell my residents if you dont allow us in, I will put them at the end of the list and for them not to complain later that nothing ever gets done. We never enter when children are home alone. Testing the smoke alarm is very important it is for you and your families benefit. Lets say you deny them access to check it and then your house cathces fire that day and the alarm does not go off and the whole house burns down, who are you going to blame. God forbid any one get hurt or die. I would rather risk waking my child up to check the alarm than having my house burn down. Every time I move in a new resident I always let them know to mark the last week of every month because that is when I do inspections, fumigation and ac filter changes. And if they are not home I will still enter. I also either send out monthly newsletters or post notices in all common areas. Just kindly ask you LL if her could possibly let you know what day/s he will be by so you will be aware and ready.
Re: Notice of Entry violations- what IS the law? by JJ (TX) on November 3, 2010 @18:48 [ Reply ]
This is a landlord forum, go seek and attorney or
your state's law's don't ask for help from us. :(
Re: Notice of Entry violations- what IS the law? by Emma (Florida) on November 3, 2010 @21:43 [ Reply ]
My feeling is if your lease will be up in December, give notice NOW and get out of there! This guy will not be easier to get along with as time goes on and I agree with the person who said something about the possible background of the handy man- you never know what this guy will be up to if he wants to "drop in" whenever he wants to.

If you leave in an orderly way, you will or should get back your security deposit and find somewhere else to live. What if the property had sold to someone who wanted to move in? You would be leaving anyhow. Things change in life so you have to accept that- AND I would not want to keep my baby or family in this position with a crazy landlord anyhow.

Find any help you can from family or some charity organization to help you relocate. This fight with this landlord will never be over- he is a nut case.

Re: Notice of Entry violations- what IS the law? by xxx on November 4, 2010 @11:00 [ Reply ]
so move to a place where the owner does not care about doing maintenance

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