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Apartment manger checking locks?

This will sound crazy, so be prepared.

I moved into an apt that was too good to turn down. One of the agreements on the lease was I was not to have over night visitors. Anyways, while I was at work, my girlfriend spent the night and while she was there, she told me she knocked lightly on the door and walked in. The manager saw my girlfriend a told her she was just checking locks and walked out. I confronted my manger about this and asked her why didn't she give me any kind of notice. She says she didn't need to give notice and now that she saw my girlfriend I'm being evicted. Can she do this ? I was certain that some type of notice was to be given to me. Please help.

6 Answers

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  • Yeti
    Lv 7
    6 years ago

    Exact laws depend on location.

    Most if not all locations are going to require the landlord give notice before entering your apartment. Unless there's an emergency, it's usually 24-48 hours. Most landlords would also be wise enough to give notice before they "check the locks," too. And I don't know why she'd need to walk in if "checking the locks" regardless.

    She might have an excuse that she suspected an overnight guest, and it was an emergency to check on the lease violation. But it's going to be weak. And though some leases might require you pay extra for overnight guests, particularly if water and electricity are included in the rent, it would be surprising if they can be 100% prohibited no matter what.

    The eviction sounds like it may be a peremptory strike, meaning she's making an excuse to evict you before you go throw a fit about her entering without notice. Or it could be retaliatory because you already confronted her.

    If she already filed the eviction, I'd be sure to go to the court hearing and explain what you think is going on.

    You should probably consult a local attorney or legal service to learn if her overnight guest policy is legal to begin with.

    Do be prepared to move no matter what. One of the main legal consequences for a landlord entering without notice, other than a token fine, can be you simply get to move.

    Anyway, yes, you're probably due notice no matter what.

  • Anonymous
    6 years ago

    What the hell. That's crazy. Who ever heard of an apartment where you can't have overnight guests & get evicted over it. You better check yiur lease because maybe it doesn't say they have to give you notice. If it says she does I guess you can take her to court but you broke your lease by illegally having your guest so not sure if you'd win anything because it wasn't an illegal eviction.

  • 6 years ago

    Unless the LL can point to a specific clause in the lease that prohibits you from having a friend inside your apartment at any time, they would lose that eviction case.

    You can also sue them for return/refund of the rent for any month in which the landlord violated their obligations to you, as tenant, including violating your privacy by entering without proper prior notice for anything other than an emergency.

    State laws vary. I hope you live in one that automatically requires the landlord to pay for your attorneys' fees when you win your case.

  • 6 years ago

    She can evict you yes. Your broke the lease. No overnight visitors.

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  • Anonymous
    6 years ago

    probably not....all you can do is talk about for a while with a housing court judge....yes, notice must be given to enter...what state...I can ;look it up just as easy as you can

  • laslo
    Lv 7
    6 years ago

    is this actually written into the lease?

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