Landlord randomly entering the apt, doing small projects,...

Nick Drago · 2019-06-07T22:33:46-07:00

Hi, I know that this might not be the best forum to write to but I have found many solutions to my problems here and I am really grateful for everyones' help! Here is my issue:I am currently renting an apartment in Omaha, Nebraska and after 10 month of no issues with my landlord he decided that one day he would just come into the apartment and show the potential new tenants the apartment when my family was staying with me without a notice. A week later he decided he wants to put in ceiling lights in the living room and bedroom, this time with a 2 day warning ( first day everything was dirty and lose wires and i told him i didn't want them) then 3 day after that decided he wanted to take down the wallpaper in the bedroom with a one days notice. So i decided I will give him 3 days to finish anything he needed at the apartment and i will stay with my friend. I came back after 3 days and half a wall had no wallpaper and in the middle of the other wall there was just a huge chuck torn. I fixed the hanging wallpaper...but what can i do stop him from randomly coming to the apartment when he wants and do repairs if i don't need them! Is there a law for tenants that prohibits that and what will it take for me to get out of the contract if i wanted to. I feel like i don't have any privacy at all! I would really appriciate any help!Thank you

Carolyn Fuller

Cambridge, MA · Member since 2015 · 651 posts · 735 votes

7y

I found a LANDLORD AND TENANT HANDBOOK for Nebraska on the web (see link below). Unfortunately, the Nebraska laws are not as supportive of tenant rights as I think they should be. Nevertheless, you might want to contact a tenant legal aid lawyer to see if they have any ideas on how to negotiate with your landlord to get to a reasonable resolution. You can find contact info for legal aide here:

If your landlord has entered your apartment/house without your permission.
A landlord can come into your unit to:
-  inspect the unit,
-  make repairs, or
-  show the unit to future tenants or buyers.
  Your landlord must give you at least one day’s notice before coming into your unit. The only exception to this rule is if there is an emergency.
  Your landlord may not come into your unit at unreasonable times, like the middle of the night.
  Call a lawyer if your landlord does not give you one day’s notice before entering your unit. Call a lawyer if your landlord bothers you with frequent inspections. You may be able to sue the landlord and get money damages and your attorney's fees.

https://www.legalaidofnebraska.org/wp-content/uploads/2017/01/Landlord-and-Tenant-handbook-2017.pdf

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Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

7y

Contact the Landlord and talk to him. The law allows him to enter as long as he gives you the proper amount of notice but this is intrusive. He shouldn't be allowed to enter and replace wallpaper or do other upgrades because that is interrupting your "right to quiet enjoyment".

It sounds like you're leaving so let him know you will allow him to show the rental with the property notice but that he is to stop all renovations until you are out. Until then, it's your space and he needs to respect it.

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Michael Noto

Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes

7y

Sounds like he is trying to get a head start on turning the unit over so when you move out it is either ready for the next tenant and/or ready to continue showing. Either way, that isn’t your problem.

Request that he give you minimum 24 hours for showing your apartment (very standard) and that since you are not requesting these repairs to be done to the apartment that it would be great if he could wait until you vacate to do them.

3 Reply

Hubert Kim

Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes

7y

As others have commented, try to sincerely communicate with the landlord to respect your privacy. Hopefully, he will change.

If his behavior continues, write a letter communicating the same. If that does not work, document all activity and include time/dates, whether notice was given and how, who entered, and the nature of the entry. These may be helpful if you are in a position to sue in small claims court for trespass, violation of your right to quiet enjoyment, emotional stress, and so on.

1 Reply

Jim K.

Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes

7y

@Nick Drago

Nick, I feel for you. I've had multiple tenants who told me the same sort of story, landlords who have little concept of the legal principle of "quiet enjoyment" and consistently push their presence on the tenant.

I understand that with this person, you really don't have any privacy. And unless you want to get into it with your landlord and have knock-on, escalating ugliness, I would just move. That is what this guy wants and I understand you don't like the idea of making him happy, but he can make your life more difficult than it is now very easily, at least under the laws where I live and probably in Omaha as well.

The reason why he's doing this is probably exactly what @Michael Noto has pointed out, you're ten months into the lease and he feels property values have risen significantly and so he's trying to make the apartment nicer to get more rent out of it after your lease is up.

@Hubert Kim's suggestion is a very good one. If you're committed to not staying there after your lease is up, send him a certified letter (keep a copy) documenting the exactly particulars that have been going on and continue to document all his shenanigans if they continue. Unless he's really stupid, the certified letter will make him cool his rehab jets a bit. If it doesn't, go find a local lawyer in your area and ask for a consultation.

This sucks, Nick. I know. Everybody hates overbearing landlords.

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Nick Drago

OP

Omaha, NE · Member since 2017 · 4 posts · 2 votes

7y

Tnx for the great ideas!! I really appriciate it...At the end i decided to call him and talk to him trying to reason with him about this whole situation. He didn't know how bad the person responsible to remove the wallpaper did and after sending him the pictures and letting him know that I would very much be happy to have him roam around as he pleases but it would have to be the last week of my lease. After he saw the pictures he did apologized and took me on the offer to do everything the last week of my lease!!

Thank you, I really appriciate it and keep doing the great job you have been doing so far!

Thank you

2 Reply

Kyle Godbout

Investor · Omaha, NE · Member since 2015 · 366 posts · 184 votes

7y

@Nick Drago

Also, check your lease. Mine state I can enter for repairs with reasonable notice.

I would just try talking to him too and asking for some notice. Hopefully he is a reasonable person and would understand your frustrations.

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Landlord randomly entering the apt, doing small projects,...

Landlord randomly entering the apt, doing small projects,...

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