Landlord entering without permission

By Tenant

I have caught my landlord, Sam Dea entering into my house in Mt. Washington twice.   The first time he trespassed into my house I was fully asleep. A few months later he did it again.  He didn’t give me 24 hours notice. He just simply let himself in. I am female and the only tenant on the lease.  Besides moving, what legal rights do I have to prevent this from happening a third time? I went to the LAPD and all they suggested I do was to file a restraining order. Can I sue my landlord for violating my tenant’s rights?   

Edited on: Saturday, December 25th, 2010 2:29 am

8 Responses to “Landlord entering without permission”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Landlord GURU

November 11th, 2009 8:17 am

Yes, there are things you can do to stop your landlord from entering your property illegally. In California the landlord is required to abide by the California Civil Code 1954 which require your landlord or landlady to provide you with at least 24 hour notice, except in emergency cases. Currently there is a specific fine for each violation of $2,000. So, right now your landlord could possibly be fined $4,000 for violating the entry notice statute for landlords.
Here’s the kicker! Even though a court would most likely believe you, its still here-say and could be thrown out. I wouldn’t go the court route unless you’re willing to invest the time and money into a court case. At $300 an hour– it could get costly real quick. Another, just as viable option would be to file a complaint with the RPA. It will still cost you $35, but that’s change compared to what it could cost. Here’s the link: File Landlord Complaint


Anonymous

November 13th, 2009 12:26 am

Hey Peeping Tom Victim… I just wanted to tell you to use caution with actually posting your landlords name. I did a Google search and by his name only: Sam Dea and this blog is showing up as #16 in Google search. If you search by Sam Dea Landlord or Landlord Sam Dea, its showing up as number 1. All, I’m saying is that this is a popular forum that holds a lot of weight with Google…
To protect yourself from a slander suit I would suggest not using actual names of landlords, unless you can validate the allegation with an actual police report etc. Since you filed a police report I would post a reply with the case number… this way you can validate your allegation.
A lot of tenants will research a landlord prior to renting, you just effectively created a #1 result on Google showing that the landlord is unlawfully entering your unit.


anonymous

November 15th, 2009 9:49 am

I’ve had the same problem. My landlord kept entering my unit without permission. My situation isn’t as scary as yours. Mine was just frustrating and annoying. My landlord put the property up for sale and then required me to allow people to tour the unit whenever they wanted without notice. His realestate agent even put on one of those lock boxes so ANY agent could access my unit. I ended up filing a complaint with the RPA. I thought that would have stopped him for continuing, but the arrogant SOB kept letting people come whenever. I told my Mediation Agent who was overseeing the case… He set them straight! I was able to break my agreement without penalty due to the violation of entry.


Blue Orchid

May 22nd, 2012 5:49 pm

I’m still upset by the property manager entering the house without permission back in Sept 09 putting lock box on house and allow any realtor the code to enter as they felt without asking and giving me 24 hr notice.
Well this particular later afternoon I was home alone and went to back of the house to shower.
As I was toweling off and walking into my bedroom vanity area with mirrored walls I see a man in khaki pants “dockers” like my husband would wear.
I wear glasses so didnt see the man’s face and said, “Oh honey you scared me is that you?” The figure retreated I thought strange for my husband he would normally not pass up kissing me esp after just getting out of the shower nude.
Taking a few minutes to dress I walk to front of house to see where my husband had run off to? Still unaware that the man in my bedroom was not my husband I looked in front yard thinking he was watering the front lawn.
To my shock and surprise it was my property manager and yes he had on the same khaki pants I saw walk into my bedroom.
He was apparently on the phone with the owner to whom I complained to that evening.
When I stated to the manager, “Surely you are not going to stay here and show the house. He said of course I am I have an appt with a ASL translator and possible buyer.
I was furious and inside felt violated. I have told a few friends and family. I did not have the guts to call the police and wish I would have because he continued to violate the tenant/landlord agreement to notify me another time.

Can I file some kind of complaint this far out. I didn’t complaint to any agency because I didn’t want to be evicted. The neighborhood was lovely and we generally liked the house although now that we have moved they are keeping our 2800.00 dollar security and pet deposit for what some of my friends say is normal wear and tear because we were there7 an half years.
nt w


Paralegal_LawStudent

June 11th, 2012 9:03 pm

I WAS TONIGHT NAKED,when i hear a loud knock at the door.
I knew it was not mi amiga’s because they always will call first,
and my teen child,was in my room,while i shower,she had her IPOD on.
When i finally start to get out the tub,i hear footsteps,toward the 2nd bathroom entranceway
toward my back master br,and past daughter-teen girl bedroom,it was not until i said,Whose there!
he says OH IT IS YOUR LANDLORD . . .
i PANIC,daughter was so scared,she duck/hid in closet,and i scream GET OUT OF HERE,I am Naked,
the door in my bedroom,was kinda open-some,hence he seen me naked,and only turn around when i say
I AM CALLING THE COPS, he goes,ok “call the cop.”and rush out and LEAVE,a “envelope”about a late pymt.of rent
(i was late 1X,for only 10 days!) i have paid each/month on time,over 2500 security,for which he inform me that it was OK
and just call him when i get paid,(work in legal field)for years,hence i knew he was breaking the law,when he enter,but he
seen me Partially Naked,only left when i threaten rightfully so to call cops,and me and daughter were both frantic,still scared.

Can i sue him,as i am sure but want advice,can’t i sue for unlawful entry,traumatizing my teen age 15.she do not want to live
here now,she scared”he will come back to hurt us.”

Can i sue for him,seeing me partially-naked,as i am so scared,to even just”lay down and close my eyes tonight…”

Can i lastly,get out of my lease,since my landlord walk into my house,without warning/without NOTICE,for which i have paid my expensive rent,for almost six months without being late,always on the 5th,or beforehand.(due on 1st)with FIVE DAY GRACE period,as adage in the lease agreement.thank you.

NOTE:i most likely,will make police report,once i am feeling secure/safe,i am going to the station,rather then them coming here.
and i took pix,just in case he attempt to lie,saying i did not enter,i have proof he has,multiple pix.


Paralegal_LawStudent

June 11th, 2012 9:08 pm

Tonight,i come home to relax,disrobe,prior to having to head back to work for a late night-drafting/project,etc. for work at my advocacy,business.

Suddenly,in NJ, i hear a loud repeated-knock at the door(only when i turn off my water from mi shower/tub.
I figure,they have the wrong condo,due to no 1 know where my new place,is and i am a single young woman.(30′s.)
one child,divorce.

I knew it was not mi amiga’s because they always will call first,

and my teen child,was in my room,while i shower,she had her IPOD on.
When i finally start to get out the tub,i hear footsteps,toward the 2nd bathroom entranceway
toward my back master br,and past daughter-teen girl bedroom,it was not until i said,Whose there!
he says OH IT IS YOUR LANDLORD . . .
i PANIC,daughter was so scared,she duck/hid in closet,and i scream GET OUT OF HERE,I am Naked,
the door in my bedroom,was kinda open-some,hence he seen me naked,and only turn around when i say
I AM CALLING THE COPS, he goes,ok “call the cop.”and rush out and LEAVE,a “envelope”about a late pymt.of rent
(i was late 1X,for only 10 days!) i have paid each/month on time,over 2500 security,for which he inform me that it was OK
and just call him when i get paid,(work in legal field)for years,hence i knew he was breaking the law,when he enter,but he
seen me Partially Naked,only left when i threaten rightfully so to call cops,and me and daughter were both frantic,still scared.

Can i sue him,as i am sure but want advice,can’t i sue for unlawful entry,traumatizing my teen age 15.she do not want to live
here now,she scared”he will come back to hurt us.”

Can i sue for him,seeing me partially-naked,as i am so scared,to even just”lay down and close my eyes tonight…”

Can i lastly,get out of my lease,since my landlord walk into my house,without warning/without NOTICE,for which i have paid my expensive rent,for almost six months without being late,always on the 5th,or beforehand.(due on 1st)with FIVE DAY GRACE period,as adage in the lease agreement.Importantly, i also today advise this “man”i will have the rent within 1 to 3 days i just Depost,multiple commission,and paralegal assignment,pay check,etc. so i am good now,and he knew this because i again left message,just 45 min.PRIOR to such frightening unlawful-entry taking place,by this “landlord…”whose been calling EVERDAY odd for the rent,when i was late again not a month but 10 days… BUT YET HE AGAIN SAID”ok”just call when i am paid ,this convo i have PROOF on took place, just saturday few days ago….

thank you.

NOTE:i most likely,will make police report,once i am feeling secure/safe,i am going to the station,rather then them coming here.
and i took pix,just in case he attempt to lie,saying i did not enter,i have proof he has,multiple pix.


JENNIFER MORALES

August 2nd, 2012 2:14 pm

I ASKED MY LANDORD IF I CAN WORK IN ALASKA AND IF MY FRIEND CAN LIVE THERE TO TAKE CARE OF MY PETS. SHE SAID YES AND I HAVE PROOF FOR THAT.SHE SAW HIM THERE AND KNEW THEY WERE BEING TOOKEN CARE OF I CALLED HIM EVERYDAY SEVERAL TIMES AND HEAR HIM IN MY APT CAUSE I HEARD MY DOG BARKING.SHE ESCORTED ANIMAL CONTROL INTO MY APT KNOWING THEY WERE BEING TOOKEN CARE OF WITHOUT MY PERMISSION.WHAT CAN I DO?OTHER THEN MOVING I WANT TO KNOW WHAT LEGAL ACTION CAN I TAKE TO PURSUE PRESSING CHARGES ON HER TO THE FULLEST EXTENT I PAY MY RENT ON TIME AS WELL…


renee

December 7th, 2012 10:18 am

our situation was a bit different. basically we have been renting from an appartment complex in houston. After purchasing a house we chose to continue paying rent to avoid breaking the rent and so a couple months before it was set to expire we went to visit the office and asked specifically whether we needed to give any sort of prior notice or whether our contract would simply expire. The person there told us we didn’t need to and it would simply expire when the contract was up.
One month later (a month before it was up) we go back to pay another month of rent. The manager hears us talking about how our contract is up next month and interrupts to say that since we hadn’t filed a 60 day notice, we would be automatically put on a month-to-month rate and need to pay a prorated amount (at the current market rent which was higher than our contract) until the 60 days was up.
This is frustrating but we let it slide and just paid the last rent the charged.
With 29 days left of our ‘prorated’ rent we asked when they would do the walkthrough so we could make sure and have the apartment cleaned. The manager again told us no problem, they would walk through a week after the end of our contract.
A few days later we get a phone call from the manager stating that they are going to be ‘checking out the apartment for damage so i can see what i need to buy to fix things. I’m not going to charge you, i’m just looking.’ Well to me this sounds like a ‘walkthrough.’
I told her that we did not consent, it was against our agreement and we do not want them walking through before we can clean. I even asked if she could just postpone it till after the weekend. She basically told me that with or without my consent they could enter whenever they want as it’s their property and there’s nothing i could do about it.
As far as i’ve heard a landlord may enter for ‘routine’ inspections/maintenance, which this wasn’t, or in case of emergency, which this wasnt, or if the property has been abandoned, which it wasn’t as we continued to visit at least weekly and pay our bills and maintain utilities.
I asked for a number to reach her superior at and was given a non-working answering service. I then researched the parent company and found a number myself, and sure enough, everything was closed since she called at 5:30 on a Thursday.
So, as a result of this, we had to spend 5 hours after a full day of work cleaning on a weekday in order to not give them room to take pictures and claim damage that was simply something needing cleaning.
My question is what are my rights here? Is it true that while they can technically enter our apartment for routine inspections or emergencies or if they give notice, they cannot if you specifically refuse permission to enter?


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