That's an excellent point. Like I said, I'm going to get chains and start calling the police every time.
I know it must seem like I'm dumb or something but I just have never been faced with anything like this, and the police always make me feel like I am overreacting. They don't take this seriously. DH has filed complaint after complaint and asks about what can be done but nothing happens. I have filed. The neighbors have filed. Is this really so unbelievable to you, that sometimes it seems like the police just do not care?
No, it's believable that the police dont seem to care. What's unbelievable is that YOU dont seem to care enough to make them care. Because if you called every time your landlord physically pushed you aside to enter the property, and filed a complaint every time he did it, the police and the city would absolutely take notice and deal with it. You said you are familiar with tenant's rights, yet you seem to have no idea about tenants rights or how to enforce them. So we're telling you what to do.
You need to call Help me Hank. I am not even kidding. That bitch is tough as nails & will sort this shit out.
Post by themoneytree on Dec 15, 2013 15:28:01 GMT -5
"Now is not a good time". Repeat ad nauseum until he understands that you will not speak to him unless he has an appointment.
You may not be allowed to install additional locks on your doors.
Is he, or is he not making appointments with 24 hour notice to come by? I know he's calling your H, but why doesn't your H give you a heads up?
Our leases have always specified that the tenant is responsible for shoveling their own snow, but we have rented out houses, not apartments and snow has to be shoveled by law. That part doesn't sound weird to me.
I would get very firm. If he barges past you into the home ask him to please leave. Get increasing louder. Tell him you will call the police unless he leaves unless he has an appointment with 24 hour written notice. Do so while he is standing there. Not after he leaves.
You need to get tough. You are leaving anyway so you don't need to make nice with this guy. Did you take photos of the apartment and get an inventory when you moved in? If so (and even if not) document the crap out of everything when you leave with date/ time stamped photos and request (in writing) a walk through when you move out. That way you might stand an outside chance of getting your security deposit back.
Post by Jalapeñomel on Dec 15, 2013 15:33:55 GMT -5
I don't know about your DH, but if this was happening to me, my DH would flip the fuck out. He would NOT be comfortable with a creepy old man entering the property without permission, even if it is the landlord.
Isn't it technically the landlord's responsibility to shovel the walkway? I've lived in a rental building for 8+ years in Chicago, and have never once shoveled.
Not in mine, it says tenant is to take care of shoveling/etc.. in some different wording. Luckily I live behind a pizza place & those older guys love me, so I opened my door to show 'em my new kitten & thanked them soooo much. They gave me a slice of white w/broccoli, meanwhile I shoulda given them stuff.
OP, I think you need to look into month-to-month rentals & try to get the hell out of there. What if you were topless/bottomless? He'd die, literally possibly.
This is crazy. I hope you make some progress with the police and your landlord screws off. I try to avoid uncomfortable situations so I totally get you but this is too much. You'll have to keep us posted as to how he reacts to the chain on the door.
According to my lease, there is nothing that says I can't have additional locks, chains etc. So we are getting a chain for the outdoor entryways. I will take pictures of those as well, because I want there to be proof they were there. I don't know if he will try to get them off.
The neighbors (we share a front porch and they have the upstairs apartment, we have the down, it's all one house - not exactly a duplex, sorry I'm not sure what to call it - multifamily home?) are home and I am going to go talk to them and suggest the chains to them as well. I'll be back.
Thank you all for the help and reality check.
Your lease is superseded by the law. Which is why, even if your lease stated that your landlord could enter the property anytime he wanted without notice, that still doesnt give him the legal right to do so. You need to check MA landlord/tenant law to find out if you can add supplemental locks.
Post by EmilieMadison on Dec 15, 2013 15:49:15 GMT -5
You are in MA, right? Here is what the law says about your situation: Rights Against Unlawful Entry
Your landlord, or an agent for your landlord, may only enter your apartment for the following reasons:
To inspect the premises; To make repairs; To show the apartment to a prospective tenant, purchaser, mortgagee or its agents; In accordance with a court order; If the premises appear to be abandoned; or To inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit. The landlord should be reasonable and attempt to arrange a mutually convenient time to visit the apartment. If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court (M.G.L. c. 186, §§ 14 and 15B).
Lean to say 'no.' I am a lawyer, albeit not in the US, but it seems the same from my reading of it - He cannot enter in the way he has been. No. No. No. Repeat until he goes away.
I'm sorry you're going through this now; I know it's a difficult time.
The appointments are NEVER 24 hours. More like calls at 8 AM, shows up around 2 or 3 PM. And DH has classes and an externship at a courthouse and doesn't know about the calls to tell me. I have begged for landlord to call me, but again, he doesn't like to speak to me.
If he calls and no one answers, then he doesn't have an appointment. He has not gotten the go ahead by your DH - just calling doesn't mean shit. So, he cannot enter. If he does try to enter even if you say NO, call the police and tell them that someone has forced their way in your house and they need to come and arrest the person.
Post by greenapple on Dec 15, 2013 17:59:25 GMT -5
Your house is an "upper/lower" type deal, no? They are common in my neighborhood. Isn't there a separate way to get in the basement aside from the apartments? Why can't the landlord just use the basement entrance to get in? I think the basement is a common area so the landlord wouldn't have to set up an appt and he could just get in without bothering you.
In addition to calling and documenting I would send a certified letter (signature required) letting the landlord know what is required of him. Save the postcard you get back.
My landlord would never just walk in my apartment. A few weeks ago there was a huge problem with the heat/pipes. He was working on it from 8am until almost midnight. He had to keep checking my radiators and would knock EACH time. It was making me crazy and I finally told him just come in when you need to for the rest of the day. Even then he would knock, crack the door open and peek in to ask to come in.
Why can't your H tell him that he MUST set the appt with you to come over? If he won't do that (the landlord I mean) then he can't come over. Period.
Are you suggesting she present this to police as something more sinister than it is?
I would suggest taking the necessary steps including getting the police involved of course, because this man has no right to be there. But keep it above board. Don't paint this like you feel like you're in danger unless you in fact feel like you're in danger.
"May I speak to the restaurant manager because you charged me for the lobster but I only ordered a side salad" versus "STOP THAT MAN IN THE WAITER UNIFORM! HE STOLE MY MONEY!"
She is reporting exactly what is happening.
What if she were in another room and heard her front door open? Should she just blindly assume its the crazy ol' landlord again and wander on out, or pick up the phone and call the police?
You can tell the truth and still withhold information. Stop being obtuse.
Luckily I live behind a pizza place & those older guys love me, so I opened my door to show 'em my new kitten & thanked them soooo much. They gave me a slice of white w/broccoli, meanwhile I shoulda given them stuff.
Is "kitten" and/or "a slice of white with broccoli" euphemistic?
Luckily I live behind a pizza place & those older guys love me, so I opened my door to show 'em my new kitten & thanked them soooo much. They gave me a slice of white w/broccoli, meanwhile I shoulda given them stuff.
Is "kitten" and/or "a slice of white with broccoli" euphemistic?
Can you really be cited for trespassing on your own property? Interesting.
No. Probably not. And even if you can technically what jury would convict on that? There are also potential complications with an officer needing to witness it. What she can do is go to small claims court and get him fined.
I don't know why nesties who aren't lawyers insist on berating others for not taking their very poor legal advice. Seriously. This is a civil issue. Not criminal. Thats why the police don't care. But there are civil remedies and I am sure a third year law student can figure out how to pursue them.
Can you really be cited for trespassing on your own property? Interesting.
No. Probably not. And even if you can technically what jury would convict on that? There are also potential complications with an officer needing to witness it. What she can do is go to small claims court and get him fined.
I don't know why nesties who aren't lawyers insist on berating others for not taking their very poor legal advice. Seriously. This is a civil issue. Not criminal. Thats why the police don't care. But there are civil remedies and I am sure a third year law student can figure out how to pursue them.
I'm not an attorney, but I'm a landlord and at least being familiar with tenant landlord law is part of that job. I never said that it was a criminal matter, but it is a legal matter, for which the police absolutely can and should be involved if her landlord is physically moving her to enter the premises without notice nor permission. I agree that a third year law student should be able to figure out how to deal with this.
Dude. Can you just stop answering the door when he comes over?
If I don't answer he just comes in.
that is illegal. He can't do that. And if he does call the police.
PS I am in boston too. Well south of now. Where are you guys living? In the heart of the city? I loved living downtown. I was in Beacon Hill for several years then in DOT
No, it's believable that the police dont seem to care. What's unbelievable is that YOU dont seem to care enough to make them care. Because if you called every time your landlord physically pushed you aside to enter the property, and filed a complaint every time he did it, the police and the city would absolutely take notice and deal with it. You said you are familiar with tenant's rights, yet you seem to have no idea about tenants rights or how to enforce them. So we're telling you what to do.
You need to call Help me Hank. I am not even kidding. That bitch is tough as nails & will sort this shit out.
DH installed the chains on the doors tonight. They are good to go. I left a message with the landlord's wife explaining the situation. She disagrees with me and thinks they have rights but I informed her I will be calling the police if it continues and so will the neighbors. So she knows what's up. I will send them a letter notifying them in writing tomorrow. I'm hoping this will help.
Send the letter via certified mail.
And then start looking for another apartment. This isn't going to end well - up to and including when you try to get your security deposit back after installing potentially unlawful chains on the door.
DH installed the chains on the doors tonight. They are good to go. I left a message with the landlord's wife explaining the situation. She disagrees with me and thinks they have rights but I informed her I will be calling the police if it continues and so will the neighbors. So she knows what's up. I will send them a letter notifying them in writing tomorrow. I'm hoping this will help.
To the poster who asked if he could come through the basement, unfortunately no, there's a stairwell in the basement between the two apartments but no outer basement door. The basement is split. The back porch has an entry that leads to the main floor and then the stairwell. The main entrance is the front porch. Sorry I'm on my phone and having issues quoting.
And maybe I am immature in that this is the only place I've ever had to deal with a landlord and not a rental company. I'm doing my best. I thought I had done all I could and now with this information I am taking action. I have a lot going on with my health, the holidays, and things I haven't faced before. If you were perfect at 24 feel free to let me know about it.
Sorry, I'm Polish so I'm gonna have to straight up ignore you on this one.
Luckily I live behind a pizza place & those older guys love me, so I opened my door to show 'em my new kitten & thanked them soooo much. They gave me a slice of white w/broccoli, meanwhile I shoulda given them stuff.
Is "kitten" and/or "a slice of white with broccoli" euphemistic?
Lol, leave it to you to make me never look at the kitten or pizza guys again without thinking of you..