Another issue with house owner/rep

[klmno]

Ok, Wed. am I rec'd an email from owner's rep stating they would be at house 9:00am today (Fri) to get another estimate on refinishing hardwood floors. I knew I couldn't take off work then so per a great idea from a member here, I emailed back and said that I couldn't accommodate yet another visit by taking off work to be here or remove my dogs. I could however, if they would reschedule to a time outside my work hours and then they wouldn't even need to be here if they didn't want to. If that wasn't acceptable to them, then I will leave my dogs in the bathroom so please don't open the door to the bathroom.

This is the reply I got back from owner's rep:

I am quoting section 14 of your lease Access. I have given you reasonable notice.

Upon reasonable notice to Tenant, Owner and Owner’s Duly designated representatives may (1) enter the Premises to (A) inspect, (B) make necessary repairs, alterations or improvements, (C) exhibit the Premises to prospective purchasers, tenants contractors, etc., and (2) place “For Sale” or “For Rent” signs on the Premise. In case of emergency or abandonment, or if notice to tenant is impractical under the circumstances, Owner may enter without prior notice. Tenant shall give notice to Owner of any anticipated absence from the Premises in excess of seven (7) days and, during such absence, Owner may enter the Premises. If Tenant fails to give such notice, Owner may recover any damages sustained. If Tenant refuses access to Owner as provided herein, Owner may obtain injunctive relief to comply access or terminate this Lease. In either case, Owner may recover actual damages sustained and reasonable attorney fees.

There is absolutely nothing in here that states that you have to be present or that you have permission to deny access.

Again We will be there Tomorrow Morning at 9am.

So I replied:

I don't know why you are interpretting it as me trying to deny access. I was just trying to inform you that I can't be there or remove my dogs from the house again for you this month. I will, however, shut them up in the bathroom so they don't interfere with someone looking at the wood flooring. As an option, I was offering to be there when I'm not working so you or the owner don't have to take your time to meet the people.

Now this morning, I had an eery feeling and decided to stay at home until shortly before they came so I called into work and said I'd be there by 9:00. I then decided I had done all I could do at home, so I put the dogs in the bathroom and walked out the front door to go to work at 8:10. There was a strange vehicle parked in front of the house, right behind my car, and a lady was in it who I thought was the owner. I got into my car and glanced in my rear view mirror then she looked like she was talking on a cell phone. I left then thought again that this looked suspicious so I went around the block and stopped at a stop sign 1 block away to watch. A van with a plumbing co's name painted on it stopped near the house and then three people, one being the lady in the vehicle I'd seen, walked right into the house. It wasn't even 8:20 at that point. I drove up in front of my house and snapped a photo of the front door open and this van parked in front, hoping to get proof that these people had watched for me to leave then entered the house and it wasn't even close to 9:00, however my darn setting to date/time stamp the photo wasn't on.

Anyway, I'm really in the mood to whip out a nasty email to the owner's rep telling her she can quit sweating me not allowing access now because clearly the owner just sits and waits for me to leave and enters with whomever she wants whenever she wants and since she's such a stickler for following those rules in the lease to a Tee, I think something needs to be done about this. It's more than obvious at this point that I'm not the one who has "access issues" or who can't respect another person's rights in this contractural agreement.

I'm livid about this koi I've put up with from owner's rep, knowing I wasn't being unreasonable, only to find this person watching the house to see when I leave so she can enter. The original email said 9:00 and with someone for an estimate to refinish floors. I can't help but wonder how many other times I've been watched by this woman and she's come in the house 5 mins after I leave. Furthermore, they knew I was shutting dogs up in the bathroom. If they wanted to look at plumbing (there are no plumbing problems that I know of), they should have told me so the bathroom would be accessible without my dogs in there. Another thing, they left lights on- like the light over the stove. The last time I came home to find my coffee pot (with clock/timer) unplugged. This stuff bugs me!!

 

[TeDo]

Wow, this would bug me too. The gall of these people.

 

[klmno]

Looking back on it, I wish I had called police this morning, at 8:20 and told them that someone who had been sitting in a vehicle in front of the house went into the house I'm renting right after they saw me leave and the only thing I knew of was that the owner and rep were supposed to be there at 9:00 with a floor contractor. Then she could have explained it to the police.

 

[keista]

I am incensed as well, BUT take a deep breath, and let it go. You're moving soon. This will soon be behind you. Serenity now.

 

[DammitJanet]

I would have driven right back around and parked and run in carrying a tube of mace and a big bat or a stick yelling behind you ....Harry...call the law, I told I saw me some thief's breaking into my house!

 

[susiestar]

What Janet said, except that the owner would sue you. She is that type of person.

You really need to get a lawyer involved. They have no intention of respecting your rights in any way, shape or form.

Please be very careful with the dogs. This type of person would enter with-o notice and do something bad to the dogs if they growled at her. they don't deserve that. I would not put it past her to pepper spray your dogs, give them some type of sedative or even poison them if they growled at her.

Next time you see them watching the house, call the cops and report someone suspicious watching you - and you may even get stalking charges laid, depending on the area and how often they are doing this. LIke a cheating spouse, if they do it once they will do it many times.

 

[klmno]

Yeah, that's right. I worried about it once I saw her come in with someone from a plumbing co because I figured she'd want access to the bathroom where the dogs were. Unfortunately I can't afford an attny right now- time wise or money wise. But I did go to a couple of consultations re difficult child and had an attny's business card setting out- I hope she saw it.

I'm going to look at other places to live this afternoon and mull over 2 different areas around here since I still haven't heard a single word about job prospects somewhere else.

I do think I need to email owner's rep something about this because the rep could claim she had no idea the owner did this otherwise and she needs to wake up about claiming I won't allow access and being snotty with me when I have never done anything to warrant that.

 

[TeDo]

Go ahead and email the rep with your concerns but bite your tongue and keep it civil. Call the cops if you see people waiting. Are there any neighbors or friends that could watch your house or drive by ocassionally to see if more is going on? I get the feeling the rep is thinking along the lines "the owner can do what they want". THEY pay his/her salary. I really like Janet's idea, with slight modifications, to "catch an intruder in the act". You were expecting the OWNER and FLOOR CONTRACTOR at 9:00, not a PLUMBER at 8:15. How were you supposed to know? No one told you of any other times or people. Claim ignorance.

 

[klmno]

Good ideas!

Today I saw one townhouse in a great school district but much farther from work and the complex didn't look very good, but the floor plan was perfect and the owner seemed like he'd be a great landlord. Then, I saw another townhouse a little closer to school in a mediocre sd and the complex and TH looked good but the yard for the dogs was super small and the landlord seemed nice but very concerned about my previous bankruptcy and why I'm moving now and pets, etc- he just seems like the particular type. There is a pool in the complex though and that should help motivate difficult child. So far this is my favorite place. I also looked at a single family house for rent. It would be taking over someone's lease so I'd have a lease for about 9 mos. No pool, of course, same mediocre sd as the TH I liked. It has a nice yard - which has both advantages and disadvantages. It's on decent shape on the exterior but not so much on the interior.
Then, there's a small house one block away from where I live now that's very close to work but I don't know- it's another old house with only 1 bathroom and no central heat/air.

 

[seriously]

You may have a local tenant's rights group that you could call and talk to about these issues.

Unfortunately, the bottom line is that the owner owns the house and if she's not hurting you, your dogs or your personal property there's probably not much you can really do about it since you have been given notice to move and have agreed to do so. It is very rude, probably is in violation of the exact terms of the lease somewhere but I doubt a judge would enforce those provisions under the circumstances. The real estate manger sounds like an idiot.

If you think you have a legitimate concern about the safety of your animals or personal property then it would not be unreasonable for you to send the real estate manager and the owner a letter (via express mail or such that shows who signed for it) stating

You are aware the landlord appears to be coming and going from the home without following the reasonable notice requirements of Section 14 of your lease.

Given that

there is no emergency situation
you have not abandoned the property
there is no barrier to providing reasonable notice in accordance with Section 14 and
the property manager has advised you in writing that you are expected to abide by the exact terms of Section 14 of the lease

it is appropriate that the owner, out of common courtesy and in adherence to the legal terms of the lease, will provide adequate notice and only enter the premises at the time and day that has been given in advance.

It would be unfortunate if you, as the rightful tenant, were forced to resort to legal remedies because your property was damaged or your animals hurt due to the owners failure to adhere to the advance notice clause of the lease.

I would counsel against doing this unless you have a legitimate concern or reason to believe your animals will get let out or hurt. Because this kind of tit-for-tat stuff doesn't usually end well and adds to the already adversarial tone of the exchanges.




Please tell me you have beware of dogs signs up all over the place so she or her workers cannot claim they had knowledge of the dogs. And that your lease formally grants you premission to have the exact number and type of dogs you now have.

Hope you find a great place to live really soon. Be glad you are done with these people.