Landlord Question (He's a crazy one)

[CleanCobra]

Just to give you a history of my landlord and I - question is below if ya don't feel like reading:lol1: - My landlord while away at school is also one of my roommates dad. He let himself in while I was the only one home, banged on my door, and proceeded to yell and curse at me about the lawn not being mowed. This is his sons responsibility, btw. I've never met him before, so at first, I didn't even know who this guy in my house was. (It was around 11:30PM on a Thursday) I informed him that the lawn is NOT my responsibility, and he should speak to his son. I also told him he was coming on way too strong, that I had done nothing wrong, and I'm going to finish my paper now.

I really thought there was a chance he was going to try to attack me: red faced, heavy breathing, screaming "I don't give a fu--, pacing... I found out later that he is always this way - a real hard ass with an obvious Napolean Complex.:bored:

Q
Yesteday as I was leaving to drive home for the holidays, my landlords son tells me "my dad wants you and Greg (other roommate) to leave your doors unlocked over vacation"...:dw: I ask if he is showing the house, and he tells me "no - he just wants to check up on the rooms". I tell him I'll be locking my door, and he can check my room when I'm home. Greg and I wouldn't be surprised if our doors are kicked after vacation, so my question is: If this guy does break my lock and enter my room, what can I do? Is it B&E? It's his house, but I'm renting... any info is much appreciated.

 

[ImShakn]

Check your lease and your state's landlord-tenant laws.
Most states allow a landlord to legally enter the premises for basically anything with proper notice. Proper notice is usually defined as 24 hours written notice and you do not have to be present. If you lock your door after proper notice was given and he has to break in, you are responsible for the damages.

There are also provisions for emergency access and entry when the tenant is not present for a defined length of time. I'm not sure what the possible remedies would be if the landlord has violated the rules for access.

 

[Juruense]

Move

 

[PSUCOBRA96]

yeah there are laws on trespass even if it is the landlord, you have rights, read your local tenancy laws, btw next time he yells and screams at you inform him that he is committing an assault considering you felt threatened he was going to attack you, that might make him rethink his actions, btw he doesn't have to hit you for there to be an assault only the imminent apprehension of a harmful or offensive contact---basic civil torts law

 

[FordSVTFan]

yeah there are laws on trespass even if it is the landlord, you have rights, read your local tenancy laws, btw next time he yells and screams at you inform him that he is committing an assault considering you felt threatened he was going to attack you, that might make him rethink his actions, btw he doesn't have to hit you for there to be an assault only the imminent apprehension of a harmful or offensive contact---basic civil torts law

You should stop giving legal advice, as you are not accurate. Assault is the "Reasonable Apprehension of Imminent Harmful or Offensive Contact." If there is a door between two people there can be no "reasonable" apprehension of "imminent" contact, either harmful or offensive.

Additionally, the OP was given notice by the son of the landlord, who is apparantly his agent. The tenant is on notice of the need to enter the room to inspect and the tenant is obstructing such.

 

[Steve@TF]

ive been through this personally before. that's what sucks about renting from people you "know". depends on your local laws but typically anyone, even a landlord, is trespassing when they enter the home uninvited. if you are renting, it is YOUR home while your are doing so. yes, typically if they give you notice they are going to enter than they can. since he told one tenant (his son), then he told all tenants. there may be specific ordinances about the tenant having the right to be present and to basically make an appointment. if there is an emergency situation, then the landlord may enter immediately unannounced. but it has to be real emergency, like the house is going to burn down or be flooded. if the landlord has followed the proper steps/procedures to enter the home, and must call a locksmith in order to do so, the tenant will be held liable for the locksmith fees.

from your story, it sounds like Pa entered the first time without permission or notice for a non-emergency. THAT would constitute trespassing. while he would probably not go to jail for it you can sue in civil court for it. of course, any mention of doing so may get you tossed out onto the street or your rent raised, unless you have a lease agreement or there are local laws preventing such actions on his part.

i would talk with your roommates about what happened. explain to the son that it is NOT appropriate for his dad to just enter whenever he feels like it and that HE should try to make his dad understand that. (may or may not go over well though). i would avoid making any "threats" regarding trespassing though as it may backfire in your face in any of a number of different ways. see if you can arrange a sit-down with all parties and discuss all rental business like adults.

 

[FordSVTFan]

ive been through this personally before. that's what sucks about renting from people you "know". depends on your local laws but typically anyone, even a landlord, is trespassing when they enter the home uninvited. if you are renting, it is YOUR home while your are doing so. yes, typically if they give you notice they are going to enter than they can. since he told one tenant (his son), then he told all tenants. there may be specific ordinances about the tenant having the right to be present and to basically make an appointment. if there is an emergency situation, then the landlord may enter immediately unannounced. but it has to be real emergency, like the house is going to burn down or be flooded. if the landlord has followed the proper steps/procedures to enter the home, and must call a locksmith in order to do so, the tenant will be held liable for the locksmith fees.

That is a good accounting of the landlord tenant law in general. The problem is in this case, he is renting a room in a dwelling. He is not renting the entire dwelling. The law is also a default and the lease (contract), if not illegal, will prevail. My leases have a clause that says I can enter the dwelling for any reason with adequate notice, either in person, writing or via voicemail.

from your story, it sounds like Pa entered the first time without permission or notice for a non-emergency. THAT would constitute trespassing.

Would you be willing to bet, he had his son's permission to be in the dwelling or as a possibility that he is on the lease along with his son? I would be that is the case. Thus not constituting trespass.

while he would probably not go to jail for it you can sue in civil court for it. of course, any mention of doing so may get you tossed out onto the street or your rent raised, unless you have a lease agreement or there are local laws preventing such actions on his part.

If he has a lease, it will dictate his remedies, if any. But then again, since his son lives there, he isnt going to be found culpable for trespass. Plus I would bet the lease, if any, contains a clause protecting him.

i would talk with your roommates about what happened. explain to the son that it is NOT appropriate for his dad to just enter whenever he feels like it and that HE should try to make his dad understand that. (may or may not go over well though). i would avoid making any "threats" regarding trespassing though as it may backfire in your face in any of a number of different ways. see if you can arrange a sit-down with all parties and discuss all rental business like adults.

He should move. But his action to ignore the lawful request of the landlord, through his agent (his son), will not end well for the OP.

 

[CleanCobra]

Thanks for the responses - If I would have known it was a legal request, I certainly would've left the door unlocked. Though the thought of leaving my door unlocked in that house for 3 weeks would certainly cause a lot of worry for me while on break. Not to mention after the previous meeting with the landlord I wasn't in much of a mood to appease him by making it convenient for him to check my room while he was in town. If I was given a little respect it certainly would have come back his way in this situation.

I found out through his son that he wasn't expecting his father that night - it was a complete surprise to him as well (otherwise the lawn would've certainly been mowed) and his fathers name appears nowhere on the lease.

I'll be moving out soon (maybe not soon enough)

Greg and I also recently found out that we had been paying landlords sons 3rd of the electric each month as well. This would seem normal, except that on the lease, it states electric is to be split evenly between all (3) tennants. I requested to see the bill each month, which landlord has failed to provide. I did not pay electric this month, as no bill was presented (landlord agreed when we met to provide a copy each month before money was paid) Am I in the wrong here as well? I'm obviously new to lease agreements and tennant/landlord laws.

Thanks for the help guys

 

[FordSVTFan]

If your lease states that the utilities are to be split 3 ways, you have a right to request to see them and verify you are paying the right amount. Read your lease very thoroughly and remember there are terms in the lease that will appear to have an every day definition but may also have a different legal definition.

 

[ponygt65]

I would leave it unlocked (as crappy as you would feel leaving) BUT BE SURE to take pictures of the condition of the house. ESPECIALLY your property. If nothing happens, great. If it does, you have proof of the condition of your belongings.

 

[trev0006]

get out of there.
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[FAsnakes]

Dood just move..

 

[LT1Porsche]

Correction.....
Assault.....A violent physical or VERBAL attack.
Threatening act, physical and/or verbal, which causes a person to reasonably fear for life or safety. For example, if a boxing champion said he was going to hit someone, this would probably cause a reasonably prudent person to fear serious bodily injury. An insured's liability for assault is excluded from all standard liability policies such as the Special Multiperil Insurance (SMP) and the Homeowners Insurance Policy.

 

[FordSVTFan]

Correction.....
Assault.....A violent physical or VERBAL attack.
Threatening act, physical and/or verbal, which causes a person to reasonably fear for life or safety. For example, if a boxing champion said he was going to hit someone, this would probably cause a reasonably prudent person to fear serious bodily injury. An insured's liability for assault is excluded from all standard liability policies such as the Special Multiperil Insurance (SMP) and the Homeowners Insurance Policy.

Why are you giving the common dictionary definition of a word, that is being used in a legal sense? That is not the civil nor the criminal definition of Assault. So, what exactly are you correcting?

 

[LT1Porsche]

Im correcting you...
You stated that assault is only physical. Which is incorrect. You can verbally assault someone from a legal standpoint and in certain districts you can also be charged with Cursing Abuse which will get you a class 3 misdemeanor. Not much but is sometime enough to cost someone time and money. So therefor with the given situation he was infact....Assaulted.

 

[FordSVTFan]

Im correcting you...
You stated that assault is only physical. Which is incorrect. You can verbally assault someone from a legal standpoint and in certain districts you can also be charged with Cursing Abuse which will get you a class 3 misdemeanor. Not much but is sometime enough to cost someone time and money. So therefor with the given situation he was infact....Assaulted.

Civil assault and criminal assault both require more than words!!! The person being assaulted must be in "reasonable apprehension" of imminent contact, either harmful or offensive. Thus words alone do NOT equal Assault.

Please post any statute that indicates a person can be charged with assault where there is no movement that would culminate in apprehension of imminent contact.

Please post a link to this "cursing abuse" statute.

Additionally, assault does not require damages, so your "time and money" scenario is absurb.

What do you do for a living?

 

[N2DAMYSTIC]

The language below is from a generic lease generated from the Department of Housing and Urban Development. Clearly your lease will not have this language word for word, if any at all. But this language is an industry standard minus state and local laws that consider Access by Landlord regulations.



Access by Landlord

The Landlord agrees to enter the unit only during reasonable hours, to provide reasonable advance notice of his/her intent to enter the unit, and to enter the unit only after receiving the Tenant's consent to do so, except when urgency situations make such notices impossible or except under Paragraph C below:

a. The Tenant consents in advance to the following entries into the unit:
(1) The tenant agrees to permit the Landlord, his/her agents or other persons, when authorized by the Landlord, to enter the unit for the purpose of making reasonable repairs and periodic inspections.
(2) After the Tenant has given a notice of intent to move, the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours.**
b. If the Tenant moves before this Agreement ends, the Landlord may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re-occupancy

 

[soon2be03]

.

 

[soon2be03]

Im correcting you...
You stated that assault is only physical. Which is incorrect. You can verbally assault someone from a legal standpoint and in certain districts you can also be charged with Cursing Abuse which will get you a class 3 misdemeanor. Not much but is sometime enough to cost someone time and money. So therefor with the given situation he was infact....Assaulted.

:lol1::lol1:

Giving somebody advise who use to be in Law Enforcement and still is on the Fed. side might not be a good idea if you have NO clue what your talking about...:nonono:


Oh and to the guy who started the post. That sucks, I would try to move.

 

[LT1Porsche]

Va. section 18.2-416 prohibits cursing or using ``violent abusive language'' to another person ``under circumstances reasonably calculated to provoke a breach of the peace.''

Class 3 - Misdemeanor

And as for the time and money. If you look at time taken away from work (Time and Money). Lawyer fees if deemed necessary. Court cost. All are a form of time and money.

And to sit there and say that there is no form of Verbal Assault is just stupid. Some districts are starting to classify verbal attacks as form of assault. Im not arguing about your level of legal knowledge. Im just stating that every state and district are completely different and laws and legal advice need to be given from a local lawyer or police personel. So to call someone out and tell them to stop giving legal advice because they are wrong is wrong in itself.