My Landlord Forced Entry Into My Home This Morning

@jennysp8 (855)
United States
April 25, 2010 8:26pm CST
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?????
4 people like this
12 responses
@laydee (12798)
• Philippines
26 Apr 10
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.
1 person likes this
@jennysp8 (855)
• United States
26 Apr 10
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...
1 person likes this
26 Apr 10
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.
@laydee (12798)
• Philippines
27 Apr 10
So what's your plan Jenny?
@gabs8513 (48686)
• United Kingdom
26 Apr 10
Hi Jenny that is the Law 24 Hours they have to give to enter the Home, he does not have the right to do what he did do He also has to give you notice to move out, he can not just make you Homeless like that As for the Dogs, did it state in your Agreement that you are not aloud a Dog, because if it does not then he has not get a Leg to stand on He was well out of order and if I where you I would take it further because he has gone against the Law I really hope you can get this sorted out
1 person likes this
@gabs8513 (48686)
• United Kingdom
26 Apr 10
Hi Jenny I am not as he knows he was in the wrong and he knows that he can get in trouble for this But he might be sly and still send you the proper Notice Period but again he might not What he he has done is against the Law and he knows it It might be his Property but you pay rent and you are entitled to your Privacy, Landlord or not he has no right to barge in like that
@jennysp8 (855)
• United States
26 Apr 10
I had my stomach in a knot all last night and this morning...thinking that this morning he'd be at the door screaming that 24 hours was up - even though I know he's not legally allowed to do that to me. I'm hoping that he was just blowing stem cuz he was yelling - everyone was yelling....I never thought of my landlord as a stupid man so maybe he does really know that he can't legally throw me out like that. Still no notice posted on my place for an eviction yet - I am surprised at that one.
1 person likes this
@rsa101 (37932)
• Philippines
26 Apr 10
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.
1 person likes this
@rsa101 (37932)
• Philippines
28 Apr 10
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.
@jennysp8 (855)
• United States
26 Apr 10
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.
1 person likes this
@spalladino (17891)
• United States
26 Apr 10
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.
1 person likes this
@GardenGerty (157527)
• United States
26 Apr 10
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.
@jennysp8 (855)
• United States
26 Apr 10
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.
@lelin1123 (15595)
• Puerto Rico
26 Apr 10
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!
1 person likes this
@jennysp8 (855)
• United States
26 Apr 10
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
@kar295rocks (2116)
• India
26 Apr 10
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!!?
1 person likes this
@Thoroughrob (11742)
• United States
26 Apr 10
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.
1 person likes this
@jennysp8 (855)
• United States
26 Apr 10
Thanks! That's a good idea about the picture taking...I probably wouldn't have thought about that with everything that is going on
@GardenGerty (157527)
• United States
26 Apr 10
Fortunately I have not had that problem. A long time ago I was a landlord, different state, but I was told that it takes at least ninety days to evict someone, if there is REASON for an eviction. It sure sounds to me like you got a bunch of dumb cops around there. Why state police and not local, city cops. I do not even normally talk badly about police officers, but in this case it sounds as if you have been badly treated by the system. Good luck on seeing the magistrate.
• Philippines
26 Apr 10
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.
1 person likes this
@newtalent (1112)
• United States
26 Apr 10
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.
@cmjune76 (273)
• United States
26 Apr 10
Whoa! You need to speak with your local United Way office; they will have listings that could help you.
@roxxtime (299)
• United States
26 Apr 10
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.
1 person likes this
@jennysp8 (855)
• United States
26 Apr 10
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.