Violated by my landlord...what to do?

[Archangel]

Been there. Principles cost money, it's not worth it.

Each jurisdiction has their own landlord tenant act, or not, you need to know.

You're already doing what you need to do, i.e., move.

Take the time to find out your rights in terms of last months rent, if they're holding it. I've learned, before I bought, never pay the last month. Let them use the deposit for that. It's pretty universal that you must receive that money back into your hand regardless of what the landlord claims.

In a very similar case, I used student legal aid, she was excellent, would still be my lawyer if she didn't go someplace corporate. I negotiated a quit claim on their violation for a quit claim on all increases and damages. (After all, they walked in to your perfect world.)

[Dalmore]

Very good advice everyone, thanks!
I just finally calmed down enought to think rationally.

I called a locksmith to come in the morning before work. Mostly I called out of anger but I also called out of common sense...I just won't feel right staying here the rest of the month knowing they can come and go as they please. Who knows, my dopey landlord might even give the new owner the keys before I move out...at this point I wouldn't be surprised.

The rules are that anytime I change the locks ,I am supposed to give the super a copy in case they need to enter. The only way they know the locks are changed is if they do a building inspection (once a year usually) and find that their keys don't fit. Changing the locks is going to cost me (@ $130) but at least I'd have some peace of mind, I can't camp out at home 24X7 until I move.

You guys were right though when you said the 'principle of the thing". I'm not a hardazz for no reason. Not only did he probably lie but he was very "uhh, whatever" about the whole thing. Just not the reaction you expect when you've done your part to be the good tenant. True, principles cost money and I haven't decided if I want to pursue further or not. I'll see how I feel in a few days.

According to my lease, which is pretty standard, The landlord is no longer responsible for giving me my deposit back if he sells the place before my lease is up. The new owner is supposed to receive my deposit from the landlord and it becomes his responsibility. I need to speak to them to clarify this. At any rate, I would like my deposit in the form of a cashier's check (I don't trust either of them at this point) given to me in person, not mailed. If I get the lock changed then they will have to get the new keys, along with my parking gate clicker, mailbox key, etc.

It's not bad enough I have to move during the holiday season but who needs this crap on top of all that.

[Oldhiker]

I normally only post here about kilts but I want to seek some opinions/advice from my kilted brethren.....

He's just lucky they didn't touch my kilts!

to quote the great band Albanach "Raise your Claymore high..."

[OFCJAX]

Had something like that ALMOST happen to me. I work third shift and was asleep at noonish when my dog woke me up barking and with his hair raised up! Not good. Then I heard my front door opening!
I rushed to the stairs with (something I can't mention here) in tow. One LOUD pump and challenge of "Come through that door and you WILL be (injuerd by means of something I can't mention here)!" and guy about crapped himself.
He said he was with the rental agency and needed to change a filter. I told him to wait outside while I put my dog away. I threw on some clothes and swapped out the (first thing I can't mention here) for my Duty (Official issued thing I can't mention here) and came downstairs and found a guy with NO uniform, NO markings on his truck, holding two air filters.
"Can I help you?" I ask.
"I..I'm here to change your air filters."
"Since when? I've lived her over a year and a half (at the time)and no one has EVER been here to change the filters."
"They just told me to come over and change them."
"They? They who? You have no uniform on, no markings on your truck and thus nothing that identifies you as an employee of XXXXX Rentals. No one has ever been here to do this. You can leave those here at the door, but there is no way you're coming into this house."

"..........."

"Have a good day, sir."

I call the agency (after confirming they sent someone) and read, verbatim, my lease and proceed to warn them that under new laws in KY, if he had come in, I could have (injuerd by means of something I can't mention here) the guy and sued them!


It has never happened again.


BTW, they fired him two weeks later for doing stuff like this elsewhere.

[MacMillan of Rathdown]

Actually, you are probably screwed. I mean it's a bummer having them traipse through, but some where deep down in the 8pt. type at the bottom of your lease/rental agreement your landlord probably does have "rights of entry". So forget it. Get on with your life and ask for the return of your deposit before you hand over the keys. Likewise, if you feel you may not get your deposit back, walk through your apartment with a camera and a witness and document the condition in which you leave the premises. Immediately you finish the inspection, leave the apartment, lock the door, and DON"T GO BACK INSIDE. Deliver the keys to the landlord (get a receipt for them noting the date and time) and ask for the return of your deposit. If the landlord refuses to return your deposit DO NOT ARGUE. Go instead to your lawyer and slap a lean against the property. This will cloud the sales process, and he'll probably pay you off just to get rid of you, rather than have problems with escrow during the sale of the apartment. However-- in my experience landlords are usually happy to refund the deposit, expecially if they are selling the property. NONE OF THE ABOVE SHOULD BE CONSIDERED AS OFFERING LEGAL ADVISE. Merely it is offerred in responce to your solicitation for advice of a common nature.

[Chase]

You guys are some level-headed people..."God, If vengance didn't involve so much paperwork!"

[OFCJAX]

You guys are some level-headed people..."God, If vengance didn't involve so much paperwork!"

When I worked corrections, I used to tell the inmates.."The only reason you guys are alive right now, is 'cause I aint got time to do the paperwork to kill you and make it look justified."

They looked at me half the time like the believed me.

[Frank McGrath]

Just be sure to read the lease carefully. The lease covers the landlord more than you. I worked in the apartment industry for 5 years. When we changed filters, we posted notice 3 times before the actual date. 30 days , 14 days, and then 3 days out. I alwys knocked twice, rapped on the door and then opened the door with my master key. Only once did I find myself looking down the barrel of a weapon. My fault, though. I saw the guy's company vehicle and his personal car out front. I should have known he was home. We did have a clause in the lease that allowed us to enter in an emergency. Otherwise, we were required to give 24 hours notice, even in an eviction. Read your lease and call the local landlord-tenant affairs people. I am not a lawyer and I've never played one on TV. If you change locks and the landlord comes in any way (probably damaging the door) he may sue yu for the damages. Be careful. Once again, good luck. We're pulling for ya.

[davedove]

Just be sure to read the lease carefully. The lease covers the landlord more than you. I worked in the apartment industry for 5 years. When we changed filters, we posted notice 3 times before the actual date. 30 days , 14 days, and then 3 days out. I alwys knocked twice, rapped on the door and then opened the door with my master key. Only once did I find myself looking down the barrel of a weapon. My fault, though. I saw the guy's company vehicle and his personal car out front. I should have known he was home. We did have a clause in the lease that allowed us to enter in an emergency. Otherwise, we were required to give 24 hours notice, even in an eviction. Read your lease and call the local landlord-tenant affairs people. I am not a lawyer and I've never played one on TV. If you change locks and the landlord comes in any way (probably damaging the door) he may sue yu for the damages. Be careful. Once again, good luck. We're pulling for ya.

Frank's right about all this. The details will vary on leases, but the bottom line is that you are a renter; you don't own the property. The owner of the property always has a right to enter his property. Now, based on the lease, there are protocols to follow, and you may rights under that.

[James MacMillan]

Saw this late, so can't add anything, other than to say what others already have: Don't act in haste - Change locks - Consult lawyer - Move!