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Posted by TenantNet on September 07, 2000 at 01:11:43:

In Reply to: my final reply to all rational people !! posted by just right all the time on September 06, 2000 at 22:56:47:

: If you check your lease you will notice that your landlord has the right to enter your apt and inspect it with a reasonable notice.

That means with ADVANCE NOTICE and they must also state the purpose of the inspection, i.e., repair, inspection, showing to prospective tenants, etc. The landlord cannot just enter unless there's a real emergency. Had a situation where the LL claimed emergency on an alleged leaky pipe - water going to the floor below, but the LL waited a week before writing and didn't shut off the water or call plumbers. So where was the real "emergency?" When challenged, they backed off and the situation was dealt with as a normal repair. In this case, the LL was trying to claim the tenant habitually denied access -- grounds for a legal case, but it didn't fly.

: It is used for cases like these, whereby a tenant is stockpiling foul smelling garbage and causing a problem with vermin (roaches). The landlord has a responsibility to eradicate roaches and to prevent their breeding by a stockpiling of garbage.

No it's not. First, what is or is not foul smelling is subjective. How many people are offended by India natives cookling with curry? It happens, but where does one cross the line and who makes that decision? If the landlord really feels there's a problem, they can inspect with notice, and if the tenant is creating a nuisance, the landlord must give notice to the tenant. If there is a real heallth hazard, the LL should get the health dept. to inspect and issue an "immediately hazardous condition."

: I am not saying that a landlord should enter your apt and move your furniture around or take a nap in your bed, that is absurd. What I am saying is that a landlord has a legal duty to enforce the rules of the lease and to clean the garbage out of the apt,,,, If the woman has made a couch, table, chairs and a bed out of foul smelling garbage...then the landlord has a right not only to move those items around but to THROW THEM OUT.

The landlord deals with this by inspecting, giving notice to the tenant of the facts, and commencing legal proceedings on the grounds of the alleged nuisance. This is of course cumbersome, and there might be better ways of dealing with this problem, but the laws are there to protect the tenant from a landlord that decides for him/herself they can just throw things out. That's tresspass and possibly illegal eviction.

: I feel that normal and rational people will understand what I am saying and that weak,irrational, and frightened people will feel that the landlord has no right to enter the apt and to see the situation and if need be to remove the garbage. It is a health and safety issue..... I have said all I will say on this matter especially since the original poster has remained silent on it...... perhaps she has passed out from the odors...

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: : If you check your lease you will notice that your landlord has the right to enter your apt and inspect it with a reasonable notice.

: That means with ADVANCE NOTICE and they must also state the purpose of the inspection, i.e., repair, inspection, showing to prospective tenants, etc. The landlord cannot just enter unless there's a real emergency. Had a situation where the LL claimed emergency on an alleged leaky pipe - water going to the floor below, but the LL waited a week before writing and didn't shut off the water or call plumbers. So where was the real "emergency?" When challenged, they backed off and the situation was dealt with as a normal repair. In this case, the LL was trying to claim the tenant habitually denied access -- grounds for a legal case, but it didn't fly.

: : It is used for cases like these, whereby a tenant is stockpiling foul smelling garbage and causing a problem with vermin (roaches).  The landlord has a responsibility to eradicate roaches  and to prevent their breeding by a stockpiling of garbage.

: No it's not. First, what is or is not foul smelling is subjective. How many people are offended by India natives cookling with curry? It happens, but where does one cross the line and who makes that decision? If the landlord really feels there's a problem, they can inspect with notice, and if the tenant is creating a nuisance, the landlord must give notice to the tenant. If there is a real heallth hazard, the LL should get the health dept. to inspect and issue an "immediately hazardous condition."

: : I am not saying that a landlord should enter your apt and move your furniture around or take a nap in your bed, that is absurd. What I am saying is that a landlord has a legal duty to enforce the rules of the lease and to clean the garbage out of the apt,,,,   If the woman has made a couch, table, chairs and a bed out of foul smelling garbage...then the landlord has a right not only to move those items around but to THROW THEM OUT.

: The landlord deals with this by inspecting, giving notice to the tenant of the facts, and commencing legal proceedings on the grounds of the alleged nuisance. This is of course cumbersome, and there might be better ways of dealing with this problem, but the laws are there to protect the tenant from a landlord that decides for him/herself they can just throw things out. That's tresspass and possibly illegal eviction.

: : I feel that normal and rational people will understand what I am saying and that weak,irrational, and frightened  people will feel that the landlord has no right to enter the apt and to see the situation and if need be to remove the garbage.  It is a health and safety issue.....  I have said all I will say on this matter especially since the original poster has remained silent on it......  perhaps she has passed out from the odors...


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