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Landlord was going to bust door down.

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Landlord was going to bust door down.

Postby kds09 » Fri Mar 06, 2009 8:43 pm

I have a landlord problem. My landlord likes to enter peoples apartments and snoop around. In fact, theirs been time I have been and other tenets have been missing food items. Theirs been times he had “borrowed” items without my knowledge and permission.
I had re-keyed my locks as a result. He fully admitted how he snooped other peoples apartments to find personal info on them and such.
A few months ago he apparently came over. And apparently he almost busted down my door. Because the next time I seen him, he told me about it. He said he needed to use my garden hose at some other tenets apartment. Apparently he tried saying it was some emergency at some other tenets apartment. S he figured he was going to bust in my apartment to take my personal garden hose. Mind you this was in the winter and in fact I had a hose outside.
Today, I heard someone wiggle the door handle trying to get in and then knock. He’s done this before. So I always lock my door. I don’t like that. He will just show up. Well I thought it was the neighbors kids so I went upstairs and looked out the windows and it was my landlord. As soon as I grab my check and tear it off the stub he starts hitting the door extremely hard. I thought he was going to bust it down. I go out their with the check and he’s got a 4 ft prybar laying against the house. He was going to pry my door open. Their was no emergency or anything. He asked if I made him a key yet. Frankly Im quite upset about it. He tried telling m he was missing 4 rent checks. 2 from last year and 2 from this year. Last year I know he got all his checks. This year, ya I forgot to get him his check last month and just hadn’t mailed the check to him for this month as I was sick. These are checks from the bank, the bank takes the money right out of my account. So it’s not like if he just lost the check I can write a new check. The money was taken out of my account. Why is he just now telling me? I think he was trying to use it to justify breaking into my apartment.
He has token stuff from other tenets before because she was late on her payments and tried toile about it. He tried having a other tenet aid him and lie about it.
Under what circumstances can I not have t give him a key in Indiana? I know some states your allowed this right when there are certain situations like this.
Also I had almost left for over a week. So basically my apartment would have probably been left in a vulnerable state until next week Sunday night. What can I do about this or would have been my recourses if he had did this and I had already left? He didn’t have any reasoning for breaking the door and even said he didn’t have any problems wit the power or anything.
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Postby dealing3000 » Tue Mar 10, 2009 3:24 pm

I went to college in IN and I have seen first hand how backwards landlords can be there. Below is what I found on IN tenant law

(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.

Does not seem like the LL has an emergency situation here. I would not honor the key request. If the LL breaks down the door, call the police and report a break in. If it were me, I would explain to the landlord that I have a 9mm in the house and if and when I hear my door being broken down I will without a doubt shoot first and ask questions later. LL will hopefully get the point.
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Location: New York

Postby JohnMI » Wed Mar 25, 2009 2:27 pm

You should move. Seriously. Your Landlord is a wacko -- do you really want to stay there?

That being said, until you prove something, he has a right to a key. Your lease likely states that you cannot change the locks without giving him a new key.

His wrong behavior does not make it acceptable for you to do wrong also.

Also, so you were like two months behind on the rent, right? You "forgot" last month and you were sick this month so you hadn't pay for 2+ months? Don't be surprised that your Landlord is a bit weird when he's dealing with a tenant that is 2 months late on their rent and just "forgot" about it.

Don't get me wrong -- he still can't illegally enter. But not paying your rent certainly isn't helping any. And not giving him a key is still a violation of your lease most likely. Wrongs on his part do not make multiple wrongs on your part acceptable. Do the right things. And if he is still crazy, then move. It isn't worth it otherwise.

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
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