Landlord entering tenant's apartment without permission

[rambone]

I've got someone asking me about their situation and I'd like to know if anyone has had experience with this.

if a landlord or "maintenance" is entering your apartment without permission, are there any legal issues with it, or is it strictly a problem with the terms or your lease? Are there laws in Indiana about this?

I've heard stories where they show up and change the cable box on the TV, knock twice and come in with strangers to show them the unit, etc. Pretty ridiculous stuff. Its incredibly rude, not to mention dangerous if they happened to surprise you being inside your apartment without your permission. It could easily end badly.

So, legal problem or a bad lease?

 

[littletommy]

I own a rental property, and I would never enter the property unless I had made contact with our tenant first. If something is broken, and needs repair, I wouldn't know about it anyway unless she informed me of this. That being said, I'm pretty sure that, by entering the property without notice, the landlord would be breaking and entering/unlawful entry, something, unless some type of emergency was occurring. I dunno, but I'm gonna find out.

 

[rjstew317]

Citation

Indiana Code Sec. 32-31-5-6
Entry without consent

In case of emergency or if the tenant has abandoned the unit
Emergency

No notice required and may enter at any time if safety of occupants or property is threatened.
Notice

Reasonable.
Days and times

Reasonable.
Reasons

Inspection; to make necessary or agreed repairs, decorations, alterations, or improvements; to exhibit the premises to actual or prospective purchasers, mortgagees, tenants, workers, or contractors; or in case of emergency, abandonment or surrender of the premises.
Remedy on refusal

Not specified.

COMMENT:​

The landlord may enter the premises to make necessary or agreed repairs, decorations, alterations, or improvements; to exhibit the premises to actual or prospective purchasers, mortgagees, tenants, workers, or contractors; or in case of emergency, abandonment or surrender of the premises. Reasonable notice of entry must be given orally or in writing except in the case of emergency threatening safety of occupants or property. In case of abandonment or surrender of the premises, tenant’s consent not required for entry. ​

For the sake of retention of one’s tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows. 1. Enter as infrequently as possible. 2. Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant. 3. Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.


sounds like a problem with the lease
​

 

[rjstew317]

I own a rental property, and I would never enter the property unless I had made contact with our tenant first. If something is broken, and needs repair, I wouldn't know about it anyway unless she informed me of this. That being said, I'm pretty sure that, by entering the property without notice, the landlord would be breaking and entering/unlawful entry, something, unless some type of emergency was occurring. I dunno, but I'm gonna find out.

no, it's not B&E. a tenant may be able to sue, but i'm positive

 

[Mr.JAG]

I had a landlord that was overly intrusive at a house I used to rent in Broadripple. I was on the second to last month of the lease, and per our agreement he was allowed to start showing the house 6 weeks prior to the lease end. There was also an agreement for a minimum of a 24 hour notice before showings.

Well, I work 2nd-3rd shift so I'm usually asleep between 6-am and 2-pm. On two occasions, with no phone call or written notice, I was woken up by my landlord opening my BEDROOM door.

"Hey, I'm showing this house to people and I'm sure they would like to see the bedroom!"

Really? WTF?

I'm so glad I'm out of there.

 

[PatriotPride]

I've always had my landlords request permission to enter. This was before I owned firearms, so I doubt that had any bearing on their decision. It seems like common courtesy to me.

 

[littletommy]

no, it's not B&E. a tenant may be able to sue, but i'm positive

Yeah, I wasn't sure of the exact wording of what the landlord may be committing, that's why I added unlawful entry.

 

[rjstew317]

Yeah, I wasn't sure of the exact wording of what the landlord may be committing, that's why I added unlawful entry.

form what i've read some states have a fine of around $300 per infraction in place to avoid a big legal mess. here in Indy i haven't seen anything so cut and dry. as a former tenant, and now a landlord, i haven't had any problems so i can't really speak from experience.

 

[rjstew317]

I've always had my landlords request permission to enter. This was before I owned firearms, so I doubt that had any bearing on their decision. It seems like common courtesy to me.

makes sense to me

 

[redpitbull44]

IMO the Golden Rule applies here. Call at least 24 hrs before you want to see the place for whatever reason. My land lord opening my FRONT DOOR would end badly more than likely. My dog likes him alright, but not when he's not expecting him, lol.

 

[iamaclone45]

The apartment complex I live in always asks "Is it ok for maintenance to enter when no one is home?" whenever I make a request for maintenance. I would hope they would respect this if I answered no. They also give around one week notice if they will be entering the apartment for any regular/seasonal maintenance (replacing air filters, etc)

Our complex also has Brinks security systems and I'm not aware of a "master code" to shut the alarm off with.

Any time I've ever seen our maintenance/management enter an unoccupied apartment (or one where no one answers the door) they knock for quite some time, then slowly enter the apartment while loudly, verbally exclaiming their presence.

From the legal aspect, I have no idea. I suppose they could sneak something into the lease making comment about how they can enter for any reason without notice. It wouldn't seem like a smart idea from a safety stand point.

 

[E5RANGER375]

next time the landlord does it and they know about it while its happening tell them to call the police and press charges. NO ONE can enter your dwelling (own, rent) unless you give them permission, they have a warrant, there's an immediate emergency, or they give written notice in the case of a landlord. Any other entry marks them for possible termination

 

[rjstew317]

next time the landlord does it and they know about it while its happening tell them to call the police and press charges. NO ONE can enter your dwelling (own, rent) unless you give them permission, they have a warrant, there's an immediate emergency, or they give written notice in the case of a landlord. Any other entry marks them for possible termination

but the statute says they should notify within a reasonable time frame, it doesn't say they have to have your permission. in an emergency they can enter without any notification. remember, you don't own the property, they do.

 

[E5RANGER375]

but the statute says they should notify within a reasonable time frame, it doesn't say they have to have your permission. in an emergency they can enter without any notification. remember, you don't own the property, they do.

ok, I guess i should have broke that down better instead of lumping the requirements as an owner and a renter into on sentence. I thought since it had been made clear above that I didn't need too.

them owning the property though doesn't mean poo unless they do the entering legally. technically the bank owns 90% of peoples houses, but they cant just come into your house. same with landlords. if they use the emergency excuse then there better be a flood, a fire, etc. not just because they think you are trashing the place by not doing your dishes.

landlords can be screwed over very easily. that's why im not renting out my old house.

 

[rambone]

It sounds like my friend's landlord acted unlawfully, according to what I am reading here. The only exceptions to a "surprise" visit is an emergency, abandonment, or a court order. My friend was given no warning at all.


Indiana Code § 32-31-5-6
parts (f) & (g)


Indiana Code 32-31-5


(f) A landlord may enter the dwelling unit:

(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:​

(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
​

(g) A landlord:

(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.​

 

[rjstew317]

why was your friends landlord there in the first place? it might shed some light on the situation.

 

[Flintlock]

Knock on the door. No answer? Landlord opens the door, shouts "LANDLORD" and enters.

I don't care what you think if you rent a property, you still don't own it. You have certain rights and the landlord should be respectful, but unfortunately there are some landlords who are not and that is where the problem arises. But for every one bad landlord there are ten bad tenants.

 

[rjstew317]

Knock on the door. No answer? Landlord opens the door, shouts "LANDLORD" and enters.

I don't care what you think if you rent a property, you still don't own it. You have certain rights and the landlord should be respectful, but unfortunately there are some landlords who are not and that is where the problem arises. But for every one bad landlord there are ten bad tenants.

very true

 

[rambone]

why was your friends landlord there in the first place? it might shed some light on the situation.

Once was for messing with the television cable box, once was for changing lightbulbs. Another time she woke up to banging on the door, didn't answer, and then the landlord brought in some potential renters to view the unit. All of these things should have been scheduled, with written notice. Surprise visits don't fly for me.

"A lack of planning on your part does not constitute an emergency on my part."

Knock on the door. No answer? Landlord opens the door, shouts "LANDLORD" and enters.

I don't care what you think if you rent a property, you still don't own it. You have certain rights and the landlord should be respectful, but unfortunately there are some landlords who are not and that is where the problem arises. But for every one bad landlord there are ten bad tenants.

According to the Indiana Code, that is not good enough. Landlords are legally obligated to give "reasonable written or oral notice" before coming in uninvited. Pounding on the door and expecting to come in does not suffice.

I am sure you are right about the bad tenants.

 

[rjstew317]

does she rent a house or an apartment?