dvd536as Mr. Pink as they come Premium Member join:2001-04-27 Phoenix, AZ |
to pike
Re: Can a crook get a key made for my apartment dead bolt lock?Unless its an emergency, management / landlord should give advance notice to the tennant they're going to use their passkey to enter your home to perform whatever task. |
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pike Premium Member join:2001-02-01 Washington, DC |
pike
Premium Member
2014-Feb-16 9:48 am
said by dvd536:should give advance notice And as anyone who has ever lived in an apartment can tell you, this doesn't always happen. |
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to dvd536
said by dvd536:Unless its an emergency, management / landlord should give advance notice to the tennant they're going to use their passkey to enter your home to perform whatever task. yes, and in many(maybe all) states the landlord can get arrested for trespassing unless it's an emergency. |
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pike Premium Member join:2001-02-01 Washington, DC |
pike
Premium Member
2014-Feb-16 1:48 pm
Do you have a citation for legislation in any jurisdiction making it a criminal offense for a landlord/manager to enter their own property? |
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said by pike:Do you have a citation for legislation in any jurisdiction making it a criminal offense for a landlord/manager to enter their own property? Are you kidding? There are dozens of them. Check out this inclusive listing: » www.landlord.com/landlor ··· tate.htmSome states, notably Illinois, has *no* statute defining the landlord's right to entry of a tenant's property, which means the entry clause must be stipulated to and defined within the lease or rental agreement. Any entry without such stipulation in place is a violation of criminal law, specifically Criminal Trespass to a Residence. That is a misdemeanor if the apartment or property is unoccupied, and a felony of the tenant is home. (720 ILCS 5/19-4) (from Ch. 38, par. 19-4) |
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pike Premium Member join:2001-02-01 Washington, DC |
pike
Premium Member
2014-Feb-16 5:55 pm
The site you linked to says quote: Entry without consent
Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.
720 ILCS 5 defines and sets penalties for burglary and doesn't seem to have anything to do with landlord/tenant law. |
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Exactly. Reasonable notice has to be given, the landlord may not just proceed in whenever they wish. There are no special exceptions for landlords in either criminal trespass or burglary.
Landlord/tenant law in and by itself is civil law. You asked about criminal violation, and it does exist in nearly every state.
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to iknow_t
"yes, and in many(maybe all) states the landlord can get arrested for trespassing unless it's an emergency."
It depends on what's in the lease. When I was a landlord our leases spelled out when and why we could enter a suite and it was not just for an emergency. We could enter for things like changing filters, turning on heat when the temp got below freezing, to access remote water shut offs, etc. We didn't write our own leases we had a top real estate attorney in our area write them. |
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battleop |
to mattmag
I've never seen a lease that didn't have some clause that covered entry by the landlord. It's mostly used for things like changing air filters, pest control, etc. In a residential setting you would never get anything done if you had to schedule this stuff with the tenants. |
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It must include "reasonable notice" in Illinois. That is subject to interpretation, but it does restrict the landlord from going in whenever they want. The rights relating to privacy in a home in the US are much stronger than landlord/tenant law, I can guarantee you that.
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markf join:2008-01-24 Scarborough, ON |
to battleop
I would check with the landlord first.
Having said that, it would be easy enough for them to leave a notice near your door on the inside if they did come in for maintenance. I own a residential property as a rental, but I would never go in without checking with the tenants first (unless alerted to an emergency, in which case they'd know anyways), and I always give them a summary of what work I need to do/have done.
Around here it's 24 hours notice for anything other than emergencies. They don't have to be around, the landlord can let themselves in, but it's the law to give notice. |
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your moderator at work
hidden : Off topic
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to battleop
Re: Can a crook get a key made for my apartment dead bolt lock?said by battleop:I've never seen a lease that didn't have some clause that covered entry by the landlord. It's mostly used for things like changing air filters, pest control, etc. In a residential setting you would never get anything done if you had to schedule this stuff with the tenants. You have to give notice but the tenant doesn't have to respond, be there, or do anything. That's just SOP in all 50 states. The exception is emergencies allow a landlord to enter immediately without notice. |
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