Landlord tenant laws...please help?
Question: I just moved into this new subdivision in Louisiana...im from California I'ev been in Louisiana for five months...I know that they are supposed to have the key to get in ur house as well...in the past i have had the apartment managers keys stolen out of the office but what my manager didn't know is that i had changed my locks when I moved in so I was the only one who was safe from a burgler or rapist or who ever stole the entire apartments complex keys ( I change my locks every time i move into a new place so I can sleep at night I am a single woman and live alone)...I know the laws are different in La but the the thing is in this particular area they require inspections on ur home...now when I first got here I was told the days that they would come in to ur home to inspect and I told my landlord I wanted to be home when they were done and did not want anyone in my house when I wasn't there ( I have had problems in the past of nosy landlords going through my stuff and also the stolen key incident) well fast forward...Yesterday I was supposed to leave my fire extinguisher outside my door and I forgot when I left for work...I get home and there is a txt message on my phone from her saying she tried to get into my house to get the extinguisher. I was PISSED! I txt her back saying there was Nothing in the notice stating that she would have to go in my house to get the fire extinguisher...now lucky for me I gave her a key that did not work on my doors...She told me she tried to get in to get the extinguisher but my keys did not work...I had a guest in my house and if she would have come in un announced he could have been doing anything! He was asleep I think at the time she attempted to come in...I told her I was pissed that she would have just come in my house un announced and she claims she had to get the extinguisher but the funny thing is the final inspection for all the units is in MARCH! so I think she just wanted to be nosy and come in my house...what recourse do I have to prevent this from happening? I feel my privacy is being invaded and Don't I have rights? SOME OF YOU ARE MISSING THE MAIN DETAIL I WAS SPEAKING OF...OK YES I CHANGED THE LOCKS BUT SHE WOULD NOT HAVE KNOWN THAT IF SHE HAD NOT TRIED TO COME IN "WITHOUT NOTIFYING ME!!" SHE DID NOT TELL ME SHE WAS COMING IN!! DOESN'T SHE HAVE TO AT LEAST GIVE ME 24 HOURS NOTICE??!! DON'T I HAVE SOME RIGHTS!??
Best Answers: Landlord tenant laws...please help?
I'd say you'd have little recourse concerning this incident. The landlord did give notice they needed to check the fire extinguisher ( likely for their insurance purposes, which has nothing to do with any final inspection of the apartment. ) You didn't put it outside as promised, and the fire extinguisher inspection company had to inspect and stamp the unit for their inspection records. This is usually part of a city ordinance that must be followed by the owner/landlord of the rental property, so they don't get fined. The landlord in most states I'm aware of, have the right to inspect their property at any time as long as they give the tenant fair warning. Depending on how your lease is written, you could have been in violation of of your lease by allowing another person to stay in the apartment without being listed on the lease. The landlord would have been within their right at that time to either raise your rent amount or cancel the lease agreement entirely and ask you to vacate the premises in 30 days. That's the way it is in Ohio. My relation has a one bedroom apartment across the street from them. One bedroom means one or two people inhabiting the apartment. There were always 4 or 5 cars parked around this apartment, so the landlord made a visit and found four people living in the apartment and only one person listed on the lease. They were splitting the rent with the lessee because they had no jobs and very little income. The owner could have been in trouble for allowing this to go on, so the 3 extra people had to leave and the person who had signed the lease eventually moved because there was no "extra" income from the other 3 people. ( One person could have stayed, with an increase for the lessee in utilities fees. Two people use more water and electric service than one person. ) You also broke the lease by not giving the landlord the correct key for entrance to the apartment, which they do have the right to do in an emergency! They have the right to enter an apartment in an emergency that could include a fire or water leak that could destroy the apartment(s). They have to give notice at any other non-emergency time! The only thing I can suggest is if you want your privacy, you'll have to purchase your own property so that you can do whatever you wish, whenever you wish and have whoever you want, stay with you as long as you wish. The laws and ordinances for apartments and rental houses were put in place to protect both the owner/landlord and the neighbors who own property around the dwelling.
Federal law super cedes state law. The ADA says that service animals are not pets and thus do not require deposits or any fees accorded pets. ADA Technical Assistance Manual: III-4.2300 Service animals. A public accommodation must modify its policies to permit the use of a service animal by an individual with a disability, unless doing so would result in a fundamental alteration or jeopardize the safe operation of the public accommodation. Service animals include any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Tasks typically performed by service animals include guiding people with impaired vision, alerting individuals with impaired hearing to the presence of intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items. The care or supervision of a service animal is the responsibility of his or her owner, not the public accommodation. A public accommodation may not require an individual with a disability to post a deposit as a condition to permitting a service animal to accompany its owner in a place of public accommodation, even if such deposits are required for pets. ILLUSTRATION: An individual who is blind wishes to be accompanied in a restaurant by her guide dog. The restaurant must permit the guide dog to accompany its owner in all areas of the restaurant open to other patrons and may not insist that the dog be separated from her. A number of States have programs to certify service animals. A private entity, however, may not insist on proof of State certification before permitting the entry of a service animal to a place of public accommodation. Oregon Law: Although the landlord is entitled to ask for supporting materials which document the need for an emotional support animal, federal law does not require the tenant to provide proof of training or certification of the animal. The two courts that have addressed this issue directly - the Court of Appeals for the Seventh Circuit and the U.S. District Court of Oregon - have held that the only requirements to be classified as a service animal under federal regulations are that the animal be (1) individually trained, and (2) work for the benefit of an individual with a disability. For a more detailed discussion, see Bronk v. Ineichen, 54 F.3d 425 (7th Cir. 1995) and Green v. Housing Authority of Clackamas County, 994 F.Supp. 1253 (Or. 1998). HUD: The Housing & Urban-Rural Recovery Act of 1983 protects the right of tenants in federally assisted housing for the elderly or persons with disabilities to have a pet, and further provides that the landlord is entitled to charge a deposit for that pet to cover any resulting damage to the property. However, if a pet is more properly characterized as a "service animal," the tenant should be exempt from the deposit. According to HUD's internal regulations: Service animals that assist persons with disabilities are considered to be auxiliary aids and are exempt from the pet policy and from the refundable pet deposit. Examples include guide dogs for persons with vision impairments, hearing dogs for people with hearing impairments, and emotional assistance animals for persons with chronic mental illness.
Look at your rent and spot if the ones costs for cleansing are notated. Even in case you wiped clean like mad, landlords seldom allow a tenant off with out a cleansing cost. Most areas right here in California ask for $one hundred cleansing rate earlier than you progress in with the deposit. I dont consider they overcharged you. Some landlords attempt to cost the tenant for a brand new carpet. This one sounds fair in comparison to so much. Did you pay a separate cleansing rate while you moved in?
Yes, everything you are whining about is legal. Get the dog a bark collar if you are unwilling to train it when it can and can not bark
You really need to educate yourself on LA landlord/tenant laws. LA llaw REQUIRE the landlord to have a key for your apartment. The law also states that once notice is given, you can not deny access nor can you demand to be present. Re - read your lease....you are most likely in breach of contract by changing the locks without written permission from the landlord/management. EDIT: No.. You don't "get it". Unlike CA laws, LA laws do NOT require the landlord to give a "notice to enter".
report her.!!! To the building codes inspector and if she didn't give you notice in writing that she was coming, call the police and explain what is going on. 1. She has to have building permits. 2. You rented the place with the basement and other amenities is she lowering your rent, because she should if she is altering the place you rented to a smaller size. 3. She has to legally give you 24 to 48hr. notice to enter your place at all or she is trespassing. 4. If you are left without proper living conditions for any amount of time she should pay for you to stay elsewhere. 5. You may have to take her to court for your deposit and moving expense. This is a bad situation, you need to move and sue her for the cost. she is breaking your lease by doing what she is doing. You didn't rent the place that way. Keep a log of everything!!!! Also write her a certified letter stating you wish for this to stop or you want that months rent and all your deposit so you can move.
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