(no subject)
Aug. 6th, 2006 07:25 pm![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
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so has anyone here ever lived on conwell ave, and had eugina griffin as their landlady? if so do you have experiences with her coming into your apartment whenever the hell she wants?? i dont know what to do about this.
no subject
Date: 2006-08-07 12:03 am (UTC)I assume you have tried talking to her about this already.
The applicable law (http://www.mass.gov/legis/laws/mgl/186-15b.htm). I would suggest sending a certified letter, making sure to keep a copy. The letter should be brief and to the point - pursuant to Massachusetts General Laws, ch.186, ยง15B, and your previous conversation(s) you are asking her to stop her unwanted intrusions.
I would then begin to document the times she is entering the premises. If she continues, even after the letter, I would find an inexpensive attorney to send basically the same letter on his/her letterhead.
Remember to document *everything*.
[Note: I am not an attorney. My father was, and that was enough to make me never want to practice law. Take my advice with that full knowledge.]
no subject
Date: 2006-08-07 12:36 am (UTC)If that doesn't work, or if you suspect it won't be enough, definitely go directly to the certified, stronger letter. But sometimes people just need to be reminded politely.
Again, not a lawyer, just someone who's been a landlord and a tenant.
no subject
Date: 2006-08-07 01:09 am (UTC)no subject
Date: 2006-08-07 12:09 am (UTC)no subject
Date: 2006-08-07 01:07 am (UTC)no subject
Date: 2006-08-07 01:22 am (UTC)no subject
Date: 2006-08-07 01:07 am (UTC)Check your lease. There's probably a clause in there about when the landlord can visit and what sort of notice she has to give.
no subject
Date: 2006-08-07 01:14 am (UTC)no subject
Date: 2006-08-07 10:43 am (UTC)no subject
Date: 2006-08-07 12:33 pm (UTC)no subject
Date: 2006-08-07 01:12 pm (UTC)The landlord is allowed to enter to make repairs, to inspect, and to show the apartment. That's it.
__________
Section 15B. (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. A lessor may, however, enter such premises:
(i) in accordance with a court order;
(ii) if the premises appear to have been abandoned by the lessee; or
(iii) to inspect, within the last thirty days of the tenancy or after either party has given notice to the other of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.
_______
While we're talking about the law, everyone knows that you're supposed to get annual interest payments from your last month's rent and security deposits, right?
no subject
Date: 2006-08-07 01:19 am (UTC)you should have something about quiet enjoyment/etc.
i would:
o (citing the law above), send a certified letter to the landlord (receipt/signature/etc), paper trail... and hell, if she's coming in... get a lock box or off site storage for this stuff...
o state something like: 48 hours/2-business days (sat/sun do not count as notice days), notice minimum for REQUEST of entry, notice does not constitute permission to entery; permission REQUIRED, in writing, before entry allowed. no permission, no entry unless a certified emergency. i believe you can pretty much deny the landlord entry, except as stated in the law, pretty much indefinitely...
o setup a webcam on a pc with security/motion tracking and point it at the door to log any occurences...
o change the locks.
o install a loud scary alarm screamer - share the shit out of her ;)
o if this keeps up and she just doesn't get it and if you catch her in the act, call the police. file a complaint with the appropriate renting agencies/etc and have her put on notice for this. it's wrong.
good luck!
#
no subject
Date: 2006-08-07 01:49 am (UTC)the first time she entered it was to close the windows during one of those crazy thunderstorms...she left a note on the door and when we saw her claimed that no one had been home for 2 days, but we had, we are just quiet and both work long days, i usually leave by 7 and dont get home until 8-9. she did this again during another one of those random storms when it was extremely hot out, so yes we did leave the windows open a bit, i came home to find paper towels on our floor and the windows in the kitchen closed, but not the windows in my bedroom this time (leaving my bed completely wet, which i feel she purposefully left my window open and closed every other one in the apartment). then one day she chased my roomate down the street telling us that "if we had a wet futon or something we could throw it away on thursdays" i'm assuming she was refering to my bed? which um no i'm not throwing out b/c its my bed, and it dries. this is when we start to become paranoid, my roomate says she comes up to our door and listens into our apartment??? mind you, we have had not a single guest come over since we've moved in, we are barely ever even home, and have never ONCE been loud or done a thing to make her so suspicous of us. today i came home and my bed was moved away from the wall, i know it was not like this when i left this morning. so i'm really starting to get fed up. i want video camera survailence.
no subject
Date: 2006-08-07 01:53 am (UTC)no subject
Date: 2006-08-07 01:56 am (UTC)I bet you'll have more luck pretending she's helpful, at least to her face. Something like "Thanks for helping us out with the windows, we're used to the freak storms now and are keeping them shut when we're not home." Then you can spring the "We're used to a lot of privacy, we'd like to ask you not to enter our apartment when we're not around" request on her.
no subject
Date: 2006-08-07 03:02 pm (UTC)I would send the official letter, since it sounds like she really doesn't have any respect for you, but may respect the law...
Oh, and we really need a place to rate landlords so that people can avoid the bad ones and patronize the good ones! Unfortunately, I think it might devolve into a pissing match, and not be very realistic.
no subject
Date: 2006-08-07 01:30 am (UTC)no subject
Date: 2006-08-07 01:52 am (UTC)Advice from someone with a similar past experience
Date: 2006-08-07 04:22 am (UTC)It's standard lease language for landlords to give 24-48 hours notice prior to entering an apartment for non-emergency visits, BUT this does not mean carte blanche entry for a landlord. This notice is for reasonable entrance--ie, to do something reasonably important, and not just to "check something"--and you do have the right to negotiate a time that is more convenient for you if the time she proposes to enter is not good for you.
A landlord's interference in a tenant's peaceful enjoyment of their home is a serious issue, and I know a local (Somerville) attorney who'd probably be willing to consult with you about what all of this means practically.
Most of us who make rental agreements--landlords and tenants--are pretty normal and courteous about such matters. But there are people out there who put their own psychological issues into this contractual relationship, sometimes to detrimental effect on the other party.
I know what I'd do differently if I had to go back and deal with that landlady who went kinda nuts on my roommate and me years ago--and the first thing I'd do is take a hardline, "strictly business" position on this. I took her crazy, invasive activity too personally, which is hard NOT to do when someone is marching into your apartment unannounced and/or leaving crazy, ranting messages on your voicemail. (Really, it did happen.) But this is really just about insisting on good boundaries--after all, by renting to you, she did agree to trading the peaceful enjoyment of the apartment for your money. She needs to be informed of this and, if nothing changes, she should face the monetary and legal consequences. Good luck.