Landlord's workers Entered my Apt. Without Express Consent

  • Thread starter WWGD
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In summary, according to the conversation, it is likely legal for a landlord to move in with their tenant. The tenant does not need to give consent, and they do not need to be there.
  • #1
WWGD
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Hi all,
I found out today some workers, employed by my landlord , had entered my apartment . I had not recently, actually never, given " open consent" for them to do this, i.e., to enter my apartment without my express consent. I had , on occasions they requested my permission, granted them access _ while I was present in my apartment_. Landlord's admin people had sent a bulk email
( where I was Bcc'd ) explaining the work to be done (nowhere stated as an emergency) , together with the need for the workers to enter a specific set of apartments. Still, I was never expressly, specifically, asked to give them access, let alone enter the apartment without my consent. They only stated that my presence would not be needed and that management would grant access. Isn't this grossly illegal ? In case it matters, I live in NYC.
I am reading up on local tenant rights; still, I would appreciate your input.
 
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  • #2
Read your lease. My recollection is that it is legal.
 
  • #3
WWGD said:
Hi all,
I found out today some workers, employed by my landlord , had entered my apartment . I had not recently, actually never, given " open consent" for them to do this, i.e., to enter my apartment without my express consent. I had , on occasions they requested my permission, granted them access _ while I was present in my apartment_. Landlord's admin people had sent a bulk email
( where I was Bcc'd ) explaining the work to be done (nowhere stated as an emergency) , together with the need for the workers to enter a specific set of apartments. Still, I was never expressly, specifically, asked to give them access, let alone enter the apartment without my consent. They only stated that my presence would not be needed and that management would grant access. Isn't this grossly illegal ? In case it matters, I live in NYC.
I am reading up on local tenant rights; still, I would appreciate your input.
That's all that is needed, they just need to give you notice that they will be working in your apartment, and usually ask that you have pets put away. You do not have to give consent, and you do not need to be there. I do not believe that you can legally refuse.

My lease specifies that they will give 24 hours notice for non-emergency work, but they were delivering notices after 3pm for access at 8am the next day so I got after them, I told them if this was something they scheduled like spraying for bugs, it should be no surprise to them and less than 24 hour notice was unacceptable. They now make sure that we get at least 24 hours.
 
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  • #4
I'm a landlord. My renters agreement has a clause that allows me to enter your dwelling based on a 24 hour notice or upon an emergency. I imagine your landlord has that too. It makes life easier for most everyone. I'm sure you don't want to hang out from the hours of 1-4 waiting for an exterminator to show up for only 30 minutes.
 
  • #5
My landlord informed me recently that workers would be coming to update the fire alarm sensors.
As a result I got up earlier than usual on the day they were supposedly arriving and canceled some other arrangements.
Then they didn't arrive, but at least I now have got from the landlord an actual plan for a day and time of day to be expecting them.
 
  • #6
Yes, it's likely legal. In my state, landlords can move in with you. I've heard of it happening when people have lapsed on their rent (it takes near 6 months to have a person legally removed for not paying rent). I would still be pissed though, that does seem violating. What if someone stole something? They shouldn't be privy to walk in when private things are going on. I would look into what you can do to prevent it from happening again. Maybe make your landlord help you list every single item in your home to place on their renters insurance? Find a loophole.
 
  • #7
Get a guard dog and watch if they'll enter again without a notice :DD
 
  • #8
Fervent Freyja said:
Yes, it's likely legal. In my state, landlords can move in with you. I've heard of it happening when people have lapsed on their rent

Haha, I love that. You get a deadbeat renter and the landlord says, OK, I just deputized "Bubba" as an employee of the property management agency and he's moving in with you for the next 6 months :oldtongue:
 
  • #9
Fervent Freyja said:
landlords can move in with you
You must have a really nice place if your landlord wants to move in with you! :cool:
 
  • #10
jtbell said:
You must have a really nice place if your landlord wants to move in with you! :cool:

It was probably considered real nice back in 1910 (it is at least that old). My Husband rebuilt the kitchen for me 2 years ago, I regret not taking pictures of the large jagged stones we found haphazardly stacked on each other- they still serve as main support for much of the house. I thought it was incredible to see. If you like 'odd' people that have an unusual combination of interests, then you might consider it nice. Most are like :wideeyed:. The cable guy blushed and kept his head averted from the ceiling when he went into my bedroom to install a new DVR box a few weeks ago...
 
  • #11
Fervent Freyja said:
The cable guy blushed and kept his head averted from the ceiling when he went into my bedroom to install a new DVR box a few weeks ago...

Was that because of all your bondage toys scattered about the floor? :redface:
 
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  • #12
More likely some very clever bit of indoor gardening within the bedroom cupboard.
 
  • #13
DiracPool said:
Was that because of all your bondage toys scattered about the floor? :redface:

Read it again... :smile:

rootone said:
More likely some very clever bit of indoor gardening within the bedroom cupboard.

Always so funny...
 
  • #14
Fervent Freyja said:
Read it again...

Ok, sorry, I mis-read it as "he kept his head averting to the ceiling" instead of from the ceiling. My mistake :oldbiggrin:
 
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  • #15
Fervent Freyja said:
Yes, it's likely legal. In my state, landlords can move in with you. I've heard of it happening when people have lapsed on their rent (it takes near 6 months to have a person legally removed for not paying rent). I would still be pissed though, that does seem violating. What if someone stole something? They shouldn't be privy to walk in when private things are going on. I would look into what you can do to prevent it from happening again. Maybe make your landlord help you list every single item in your home to place on their renters insurance? Find a loophole.
Yes, that's part of what worries me, I don't want to have something disappear , or not be able to find it, or find something broken and then start blaming the workers that came in, without much solid basis for it.
 
  • #16
In the case of theft,http://www.dfs.ny.gov/consumer/homeown/homeown_006_renters.htm link states that your possessions are likely not covered under your landlords insurance policy! I don't see how a landlord could be comfortable letting workers into the tenants home when they cannot cover the loss. You would have to take out your own renter's insurance on belongings! It may be a good idea to place one of those motion sensor cameras by the entrance inside your home, that way, if you have to file a police report, then there will be more evidence against burglars or workers! These cameras are inexpensive ($20+) and some can stream to a cell-phone when you are out. I don't see a legal loophole for preventing them entering without your knowledge.
 
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  • #17
At one time I had an extension cord go missing. It was there when I moved in and I assumed it was left by the landlord. Never ever in the four years that I lived there did the cord turn up after that. It probably disappeared within the first 4 months that I lived there. Shortly before moving out I was questioned about what I had done with a certain area rug. I said that I had rolled it up and it was in a closet as I didn't wish to use that particular rug. The landlord claimed that I knew they were going in one time and this is how they found out about the area rug. I have to wonder how many time I was 'violated' in those four years. Not once did anyone ever give me notice that they were coming in the time that I lived there.
 
  • #18
Fervent Freyja said:
In the case of theft,http://www.dfs.ny.gov/consumer/homeown/homeown_006_renters.htm link states that your possessions are likely not covered under your landlords insurance policy! I don't see how a landlord could be comfortable letting workers into the tenants home when they cannot cover the loss. You would have to take out your own renter's insurance on belongings! It may be a good idea to place one of those motion sensor cameras by the entrance inside your home, that way, if you have to file a police report, then there will be more evidence against burglars or workers! These cameras are inexpensive ($20+) and some can stream to a cell-phone when you are out. I don't see a legal loophole for preventing them entering without your knowledge.

I have not found any motion-sensing cameras for less than around $60.
 
  • #19
http://www.ebay.com/itm/New-Home-Surveillance-Covert-700TVL-Chip-Motion-CCD-Sensor-PIR-CCTV-Camera-/141924651399?hash=item210b5e5187:g:usUAAOSwAuNW3-j0. Not that I would expect the greatest quality, but might be worth trying out if you are living on a budget.
 
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  • #20
If it is not written on the contract that they must ask for consent or notify, then they don't. I won't bore you with my stories, even though you'd probably laugh.
WWGD said:
I have not found any motion-sensing cameras for less than around $60.
I was thinking the same.
Fervent Freyja said:
These cameras are inexpensive ($20+) and some can stream to a cell-phone when you are out. I don't see a legal loophole for preventing them entering without your knowledge.
Fervent Freyja said:
http://www.ebay.com/itm/New-Home-Surveillance-Covert-700TVL-Chip-Motion-CCD-Sensor-PIR-CCTV-Camera-/141924651399?hash=item210b5e5187:g:usUAAOSwAuNW3-j0. Not that I would expect the greatest quality, but might be worth trying out if you are living on a budget.
I wasn't aware of that. Nice to know. As a side note, that reminds me of this: :biggrin:
53f2740fe0027c1de0674ac03130d19f.jpg
 
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  • #21
Fervent Freyja said:
In the case of theft,http://www.dfs.ny.gov/consumer/homeown/homeown_006_renters.htm link states that your possessions are likely not covered under your landlords insurance policy! I don't see how a landlord could be comfortable letting workers into the tenants home when they cannot cover the loss. You would have to take out your own renter's insurance on belongings! It may be a good idea to place one of those motion sensor cameras by the entrance inside your home, that way, if you have to file a police report, then there will be more evidence against burglars or workers! These cameras are inexpensive ($20+) and some can stream to a cell-phone when you are out. I don't see a legal loophole for preventing them entering without your knowledge.
Many landlords require that tenants have renters insurance to protect the landlords. I am required to carry it to cover damage to the landlord's property and to other tenant's belongings, for example, if I cause a fire that causes damage to other tenant's belongings I am financially responsible, and my renter's insurance covers that cost, covering my own belongings is optional.
 
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  • #22
Evo said:
Many landlords require that tenants have renters insurance to protect the landlords.
I've never seen that requirement myself, but my period as a renter was about 30–40 years ago. When I was a grad student, I lived with a roommate for several years in a small but modern apartment building that was managed by a professional real-estate management company. Nobody ever mentioned renters insurance to us. Then there were a couple of years in the ground floor of a house whose owner lived upstairs. That was a verbal arrangement, as I recall. Finally there were a few years in an apartment complex managed by the college where I now work, before I got married and bought a house. In that case the college might have had recourse via their paychecks to me.
 
  • #23
jtbell said:
I've never seen that requirement myself, but my period as a renter was about 30–40 years ago. When I was a grad student, I lived with a roommate for several years in a small but modern apartment building that was managed by a professional real-estate management company. Nobody ever mentioned renters insurance to us. Then there were a couple of years in the ground floor of a house whose owner lived upstairs. That was a verbal arrangement, as I recall. Finally there were a few years in an apartment complex managed by the college where I now work, before I got married and bought a house. In that case the college might have had recourse via their paychecks to me.
This is something that they just started enforcing (adding it to the rental contract) within the last couple of years. I spoke to other people and they said they are now being forced into it. When I called my car insurance company and told them I needed renter's insurance they had a slew of packages to choose from. It's cheap, got around $300,000 of insurance for $25 a month (I live in an expensive complex) it protects me from lawsuits from neighbors claiming losses and pays my rent for 6 months while my place is being fixed, reimburses the landlord for damages, etc.. reimburses me for my personal losses. Just a few months ago a couple around the corner had their place burn down and their neighbor's units were ruined, it was their toaster. I now unplug everything if I leave.
 

Related to Landlord's workers Entered my Apt. Without Express Consent

What does it mean when a landlord's workers enter my apartment without express consent?

It means that the workers entered your apartment without your permission or without giving you any notice beforehand.

Is it legal for landlord's workers to enter my apartment without my consent?

It depends on the specific laws and regulations in your area, as well as the terms of your lease agreement. Generally, a landlord must provide notice before entering your apartment, unless there is an emergency or other extenuating circumstance.

What should I do if a landlord's workers enter my apartment without my consent?

You should first try to talk to your landlord and discuss the situation. If the issue is not resolved, you may need to seek legal advice or file a complaint with your local housing authority.

Can I take legal action against my landlord for allowing their workers to enter my apartment without my consent?

If the landlord's actions were in violation of your rights or the terms of your lease agreement, you may be able to take legal action. It is important to consult with a lawyer to discuss your options and determine the best course of action.

How can I prevent landlord's workers from entering my apartment without my consent in the future?

You can make sure to have a clear understanding of your rights and communicate them to your landlord. You can also request that your landlord provide you with notice before entering your apartment, unless it is an emergency. It may also be helpful to document any incidents and keep a record of your communication with your landlord.

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