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My Landlord Forced Entry Into My Home This Morning  email this discussion to a friend?

myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people 2 years ago

Okay, a little back story - I've been having major disputes with my drug dealing neighbors. I have overlooked their one dog pooping all in my yard because she is not kept on a leash or in a fence - I have overlooked their other dog chasing after me-my kids-my brother and my mother. I have even overlooked those 2 minutes "stop and go" cars that appear all throughout the night....until one day when I apparently gave her a nasty look.

She called the humane society on me - claiming that my dogs live in feces. I was checked out and even received "spot checks" from the humane society. I'm all in the clear. When she found out that they didn't do anything to me - (cuz I haven't done anything wrong)...she called my landlord and told him that I have feces all over the inside of my house. (which is funny since the woman has never been here since I moved in).

Anyways, my boyfriend goes outside this morning to let the dog do his business. It's 9am Sunday morning. The landlord appears. Now, I am half asleep and half naked as well. I was in the living room cuz my kids were gone for the weekend and we watched movies all Saturday night and ended up sleeping in the living room.

Well, I hear my boyfriend saying "no, she's asleep, let me put the dog in and I'll come out and talk to you." No sooner as he goes to put the dog in through the door, the landlord grabs the door, pushes my boyfriend out of the way and barges in - with me just waking up to all the noise and I'm not fully dressed.

I started screaming for him to get out...my boyfriend is yelling at him to get out - reminding him he was not given permission to enter. The landlord claims "I'm checking on my property"....he looked around the kitchen/living room - all he could see from where he was standing and of course, everything was clean and there was nothing wrong.

He claims he didn't give us permission for dogs - which he did - he even saw all my dogs when he came to fix a sewage problem months ago and he didn't seem to care then.

He started screaming that we have 1 day to get out and that he'll be bringing the cops with him tomorrow. I reminded him he can't do that - even though we are on a verbal month-to-month...all the utilities are in my name - I am a tenant. He must go through "Due process"...he got extra pissed when I said that and he said it doesn't matter - he's coming back.

Here's the kicker. I called State Police. State police told me that the landlord has every right to enter my home - at any time - without warning - whenever he wants cuz he owns the property. I had to point out PA LAW to the cops- who still continued to say that the landlord had the right to enter the property.

According to PA law, the only time a landlord can lawfully enter a property without prior consent is if there is an emergency that cannot wait for consent, such as broken water pipes or smoke/fire..things of that nature. Otherwise, the landlord must provide 24 hour notice.

Ain't it a shame that this is the law, yet I call 911 for the landlord forcing his way in and refusing to leave and I am told that I have no rights????

I am going to the local magistrate tomorrow morning and speaking with an attorney.

Basically, it boils down to the fact that the landlord is friends with the neighbor and they all just want me gone. I have had nothing but problems from ALL of them since I moved in...

Anyone ever experience anything like this?????

 

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tags:  landlord, due process, forced entry, landlord law, landlord tenant agreements entering premises
 
1. myLot reputation of 82/100. roxxtime (147)   ranked 13,172 out of 26,919 in people   2 years ago

Wow that is all total BS and yeah I would suggest attourney above law enforcement, and legally doesn't he have to give you 30days? I am also month-to-month and have been for a year and it states in our lease that after the lease we are required to give 30days of notice before moving out and he must do the same. I say MOVE not only does your landlord suck but your B#&@! of a neighbor will probably get worse before it gets better, but I know moving sucks.

So my landlord has never been quite that rude but he did tell the plumbers (who we didn't know were coming and were there for the upstairs neighbors) that they could pick the lock on my house. That was interesting to drive up on.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Thanks for the response....I do have every intention of moving...I need a few weeks though....I have a house that I own out-right - no mortgage or anything...I've just gotta finish the wiring and the plumbing real fast and then I can move in...I'm thankful to have somewhere to go...but I still want to press some sort of charges so he thinks twice about doing what he did when he gets new tenants in.

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2. saramb25 (28)   2 years ago

I do think with your situation you should try to find another apartment. I think the fact your neighbor and your landlord are friends,makes for a messy situation. I think the best thing you can do is get out if possible! I think the situation will just get worse if you fight to stay. Are you able to find another place quickly? I wish you the best of luck.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Thanks! Luckily, I do have another place to go so I don't wanna fight to stay - I just wanna fight to make sure he doesn't do this to someone else...I don't like my personal rights and privacy being invaded as if he's God or something.

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3. myLot reputation of 96/100. newtalent (676)   ranked 1,146 out of 26,919 in people   2 years ago

i would contact an attorney and see about filing harassment charges, assault charges for pushing his way in, false reporting charges against the neighbor and any anything else that has happened that you can document. He has to properly evict you and yo can fight that. If you have lease agreement , bring that, If the dog allowance is not on there, it may pose a problem. The attorney should be able to steer you in the right direction just make sure his or her specialty is rental or landlord expert.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Oh I'm going to get him for everything I can...I will move though because this is just crazy....The kicker is, I don't have a lease. When I moved in - he told me he'd have it in a week for me...then he kept pushing it off...and pushing it off...and now, 4 months later - I have nothing in writing....the man didn't even document how much I'm supposed to pay, etc...

I talked to the previous tenant who said she had the same problem...luckily for me, he has to follow PA laws on eviction - regardless of a lack of lease...the man is just completely crazy...

OH - and he was dressed in his Sunday best - on his way to church - when he decided to bust in on me half naked and threaten me....what a jerk

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4. myLot reputation of 99/100. Thoroughrob (9552)   ranked 414 out of 26,919 in people   2 years ago

I would be furious, and contacting a lawyer first thing in the morning. He cannot threaten you like that, and come into your home that way. No matter what the police said. I hope you get it straightened out and glad you have another home to go to. I would definitely speed up the wiring and plumbing and get out as fast as possible. No telling what will be done next. Make sure you take pictures of how you leave it, and have some witnesses.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Thanks! That's a good idea about the picture taking...I probably wouldn't have thought about that with everything that is going on

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5. myLot reputation of 84/100. frontvisions101 (9933)   ranked 1,585 out of 26,919 in people   2 years ago

You can just move out to minimize the problem cuz even if you stayed, it wouldn't be nice having the landlord and everyone else in the place hating you. I suggest you look for another place. It wouldn't be practical to stay just to prove that you're right.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Oh I wouldn't stay for long if I was paid to...I just need about a month and I will be able to move. I can't wait to stop being a tenant. My house is almost done being remodeled and I know consider it my "safe zone"....lol

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6. myLot reputation of 82/100. spalladino (11857)   ranked 227 out of 26,919 in people   2 years ago

You're right, he can't just show up tomorrow and put you out. I have a good friend who lives in PA and it took her several months to get her deadbeat daughter, son-in-law and 3 grandkids out of her house. They were running up bills without her knowing it...phone, cable...and she had to file, go to court and then the judge gave them 28 days to get out. Stand strong. Good luck.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

That's what I'm hearing...anywhere from 3 weeks to 3 months...depending on how things go and what the judge feels like. I hope to be out sooner than the max time they give me though - just so I can be done with all of this mess.


myLot reputation of 99/100. GardenGerty (35334)   ranked 758 out of 26,919 in people  2 years ago

I bet you are looking forward to moving into your safe haven. It will be good for you and your kids to have those roots put down strong.

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7. myLot reputation of 96/100. laydee (6297)   ranked 843 out of 26,919 in people   2 years ago

Hmmm.. I don't mean to be adding more insult to injury but I make contracts for the building spaces my Aunt leases to people and there's a stipulation there stating that she can really enter the property as long as it's the appropriate time of day, should she feel the need to with or without permission of the tenants.

Try to see if that is included in your contract.

Further, I'd suggest that you look for another place because your worries and problems won't be over until you find somewhere new because obviously they are on to you. Since you have children, you have to yield in his favor this time before things would get ugly.

I think what you can do is to force him to refund you or something.


austinoman (6)   ranked 22,460 out of 26,919 in people  2 years ago

Just because you put something in the lease and the person signs the agreement does not make it legal. I have personally had many things in a lease that were not enforceable and I lost when taken to court because state laws supersede your agreement.

If state laws state that a landlord cannot enter a property without written 24 hour notice, then it does not matter what you put in the lease. The tenant will win if it goes to court. Honestly there is no reason why a landlord would want to have access at any time nor would it be advisable to enter a property without the tenant being there because you can be accused of theft. I have seen this before as well.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

The landlord refused a contract. It's a verbal contract. I was desperate to get out of where I was so I wasn't thinking straight. Looking back, I should have never agreed to take this place...that was my mistake.

I can't imagine why anyone - with how things are now in this world would want to barge in on someone. Imagine being a male landlord - busting into a female's apartment with her in the shower and she screams r@pe - even if it didn't happen. Any landlord should be smart enough to protect themselves. I would never enter a tenants property without notice and without someone there to witness that I didn't hurt anyone or anything. According to him, there is nothing legally stopping him from walking right in while I'm in the shower and coming on in the bathroom to snoop around...


myLot reputation of 96/100. laydee (6297)   ranked 843 out of 26,919 in people  2 years ago

So what's your plan Jenny?

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8. myLot reputation of 97/100. lelin1123 (9052)   ranked 787 out of 26,919 in people   2 years ago

Its totally against the law for the landlord to barge into your house or apartment unless its an emergency. Its got to be hard to deal with two people who are friends and they are ganging up on you for no real reason. I understand why you are fighting this just please be careful because I don't trust these people from trying to hurt you. I hope the attorney that you talk to will be a good lawyer that will do the right thing for you. Good luck!


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Thanks! When all this first started happening with the neighbors - I let them verbally have it...now, I've calmed down and I am just laying low....I found out who the previous tenant here was and even found her number.

She never had him bust in but she couldn't get him to write a lease or contract, he always played the "raise the rent" game, he wouldn't fix anything and the neighbors didn't like her either - they also called the humaine society on her. I wonder how many tenants will come and go with my neighbor calling the humaine society on all of them before they realize that she is just using them as a pawn in a game

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9. myLot reputation of 90/100. rsa101 (9174)   ranked 1,609 out of 26,919 in people   2 years ago

That is some pretty heavy stuff you had with your landlord. I am not aware of a law that specifically forbids them to enter their property when a tenant is there. But I am pretty sure that it is not right to just enter without protecting your privacy in there. I think the landlord should proved to the courts that he has evidence to his accusation against you. If I were you I would bring this up to the courts and have them decided on this. If you win you can get damages from it and then leave the house and find a better neighbor to contend with.


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

Luckily, I already have another house lined up for me. I own it outright but I have to finish certain repairs before I am able to move in. I will only have one set of neighbors there and they are as nice as can be!! I am really excited to have them as my neighbors....it will be such a nice change of pace.


myLot reputation of 90/100. rsa101 (9174)   ranked 1,609 out of 26,919 in people  2 years ago

Good for you then, I think getting those nasty neighbors would not be healthy and safe for you to stay in that area. Good luck on your transfer and I hope that you get justice from that rather abusive landlord in you have.

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10. myLot reputation of 84/100. kar295rocks (1239)   ranked 2,099 out of 26,919 in people   2 years ago

Awww! That is pathetic. Calling the cops was a good idea but I never knew that they cops would really answer back in a lame manner. Looks like your neighbor is jealous about you. And, why should she do a pathetic thing on you!!?


myLot reputation of 92/100. jennysp8 (614)   ranked 1,106 out of 26,919 in people  2 years ago

I think that they answered lame because they simply didn't want to come out. We lost out local cops a couple of years ago and now we have to count on State Police out of a town about 15 minutes away. Many people have complained that they simply won't even respond to the calls.

The neighbor has been mean since I moved in. I know she doesn't like children - she said so herself and I have an 8 and 6 yer old. Here's the problem though - she owns her house next door and they bought it 4 years ago. This house I'm in is a big house (3 times the size of theirs) and it is a three bedroom. Obviously, it is a house that would be most likely occupied by a family with kids...and every person on the street with kids she has harassed.

She drinks all day and that's about it. They don't work. They sell drugs. They don't go anywhere. They just sit on their porch and drink. I'm not judging - more power to them but they should really look at themselves in the mirror before they start judging others and starting trouble.

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