Privacy Invaded!

Updated on June 12, 2010
C.C. asks from Billings, MT
23 answers

My husband, son, and I live in a secured entry apartment. I came home with my son this morning and found that the deadbolt had been locked. I lock the door every time I leave but rarely lock the deadbolt. I was a bit nervous entering the apartment but thought maybe my husband had come home from work for some reason. After doing a sweep of the house I called my husband and asked if he had been home and found that he had not. I thought,huh? I know I didnt lock it! Come to find out, the new off site manager had tried to call my hubby at work and did not get a response( cell is off at work). Apparently the underground sprinkler system needed to be switched back on and the breaker is located in our apartment and in our room. So instead of waiting she let herself in!! We have been here 4 years and never had this happen! I am furious! The manager apologized to no end and my husband said he wasn't going to make a big deal about it. Well I'm not so sure I want to let this slide! I was extremely embarrassed because I haven't had the time to clean our room where laundry is piling up but that's not the issue. I know...at least it wasnt a robber or something but I still feel absolutely violated!! How can someone do this? I just dont even know how to handle this. Im sure my first initial reaction of wanting to punch her in the head is out of the question so any advice would be welcomed!

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K.B.

answers from Houston on

Hi C.-

Check your rental agreement but I thought the apartment management always had the right to enter the apartments for maintenance reasons. Obviously they should use it appropriately and make every effort to provide you with advanced notice but I don't really think they did anything wrong. It's been a long time since I rented so I might be way off base, but this doesn't surprise me. In fact as soon as I started reading your post, I said to myself oh I bet it was the management.

No big deal and I'm sure she's seen apartments in much worse shape :-)

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I.G.

answers from Seattle on

Check your rental agreement. Any agreement that I have ever signed had a clause in it that allowed immediate entry for safety/emergency/security issues and 24 hour notice for scheduled maintenance. Resetting the sprinkler system would definitely qualify as a safety issue...

I understand that it feels horrible, but that part of the deal when you're renting.
Good luck!

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H.W.

answers from Provo on

In some states, but not all, 24 hours notice is required for non-emergency entry. As has been said by a bunch of the other responses, check your lease, talk to your manager, and give them a better idea of how to reach you. But be aware that for emergencies they will enter and don't even need to try to reach you.

Also, I would request that all entry (notified beforehand or not) be documented with a note left after. Someone mentioned that. It would make me feel a lot less violated if someone at least told me they had entered and why.

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J.C.

answers from Phoenix on

I'm just wondering, did they notify you after the fact? Like leave a message or something, saying...we had to come in today for blah, blah...or would you have never known if you hadn't noticed the deadbolt issue? I'd be a little concerned if they weren't planning on even telling you they had entered your apartment.

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T.W.

answers from Denver on

I think it is really important to find out if this situation was going to cause damage to other places in the building. I do know that the manager has the right to enter an apartment in some cases, especially if there is possible damage to the property. I think you should look at your lease with them and find out what it says about managers entering without your permission. I certainly would have been uneasy too, unless it was an emergency.

You don't need to make a huge deal about it, but you do need to ensure that you know your rights and that this does not happen again.

Good luck!

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G.B.

answers from Tulsa on

Check your lease. Most Landlords have a clause in their somewhere that allows them to enter your apartment with due cause. This would fall under that. The Landlord did try to call your husband. To keep this from happening again make sure the Landlord has more phone numbers to reach you.

It is their property and they have certain rights. They really can enter for just about any reason, made up or real.

I had a friend whose Aunt owned property and if she thought they tenants weren't home and the AC was on she'd go in and turn it off because she didn't want it running and wearing out the unit while they were gone.

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M.H.

answers from Atlanta on

Hi C.,

The ladies are correct that management usually outlines that right in the lease HOWEVER, there should have been a note left to let you know that someone had been in there. If that is not a requirement of your lease you can put that request in writing that you are notified before, if possible, and definitely after.

M.

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K.B.

answers from Salt Lake City on

They haven't entered in four years and they probably won't need to enter again. Nothing was disturbed in your place. They are taking good care of their property. They did try to reach your husband. They apologized. They likely acted under the terms of their rental agreement. Honestly, they seem like good landlords to me. I'd thank them for trying to maintain the place well, and keep up good relations on your end. Four years, you must also be really good tenants. I'd let it go.

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S.H.

answers from San Antonio on

Check out your lease. In my last apartment, the management was allowed to do this for maintenance issues if the primary resident was unreachable.

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A.P.

answers from Denver on

Maybe you should give her a back up phone number so she could try to contact you since your husband is not available durring the day. She was doing legitimate business afterall if there was a leak would you expect her to let the building flood while she waited for permission? This is a downside to renting as it is not your personal property the manager is responsable for maintaing the property for the owner. Check your lease I bet as long as she tried to contact the tennant she has the right to enter for building business.

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M.T.

answers from Dallas on

welcome to renting. there are benefits and drawbacks. (i know it basically says in my contract the owner's can do whatever they want.) the manager did apologize & was probably sorry to have upset you. next time you see her ask her if she could leave a note because realizing someone had entered and not knowing who scared you. anyone could understand that and would probably oblige to leaving a note.

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S.S.

answers from Salt Lake City on

I side with Kathy B and would let it go. They tried to reach you and seem to be reasonable folks. It sounds like they weren't trying to invade your privacy.

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D.N.

answers from Chicago on

If you look at your lease, it probably has something in there about entering the apartment in an emergency if they cannot reach you. But I would not count this as an emergency since it was just a matter of turning on the breaker. They should have given written notice if they could not reach you or your husband. I can understand why you feel invaded. If someone entered my home, even a police officer unless there was a true emergency, without my knowledge or consent I would be very upset. I would at the least expect some kind of note indicating why they had to enter without waiting for you. I would expect the management to talk to the onsite manager so he or she is aware that this was a big no-no. Find out if that happened, maybe it will help you feel better about this.

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M.S.

answers from Boise on

Just so you know, managers can enter your house without having permission. As long as you are renting from them, the place is not yours to yourself. I had this happen to us and I was furious too, but then found out that they have that right. All they have to do is knock and make sure that they announce themselves before entering. I have even come home from work with our landlord in our apartment changing a furnace filter, or even yet, using our water to wash off other apartment items.

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M.L.

answers from Colorado Springs on

If your rental or lease contract allows the manager access to your apartment in case of need (like working the breaker), then the manager has the right to enter your apartment at such time. That's part of what you've already accepted. It's quite reasonable that in cases of maintenance or emergency the manager should not have to wait until someone is home. Some people go away for days and weeks!

I can understand your being shocked and frightened, however - I sure would have been. No, don't punch her in the head. I'm assuming you haven't had any previous trouble with anyone trying to break in. If it were me, I'd contact the manager (in person, if possible) and explain to her how frightening the whole experience was. I'd ask her if there was a way she could leave a note somewhere or do something else so that I'd know she had been there and wouldn't have to be scared out of my wits. She may not have any obligation to do such a thing, but she might be willing to do it if you can work out a system.

BTW, I'm always embarrassed when anyone has to come into my house - a repairman or anybody. I always know they're going to see the mess and think ugly thoughts! But I've found out they are specifically trained not to take notice of household clutter. Even so, I apologize for it to them.

J.L.

answers from Los Angeles on

In my old complex the manager could come in at any time. They would usually set up an appointment in advance. But if something needed to be taken care of immediately they would call, if there was no answer they would always leave a note as to why they were there on the outside of the door. I wouldn't get too worked up over it. Stuff happens in apartments that need to be taken care of, thats what part of your rent is for. Look at it this way....at least she/he locked your door! Read your rental agreement if it states nothing about this work something out with the manager for the future. Good Luck!

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S.L.

answers from Boise on

There should be some sort of provision about this written into your contract. For example, ours said that our apt. manager could not enter our apartment without our verbal or written permission. It was explicit. Check your contract and see what it says.

Of course, I don't know what to do about it, once you find out what this lady should have done. But it helps to know.

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K.K.

answers from Boise on

I haven't read any of the other responses, so I'm going to apologize in advance if someone has already said this. Check your lease, but usually management can enter your apartment at any time in the event of an emergency, otherwise they need to give you a 24 hour advance notice to enter your apartment. While the sprinklers (in my opinion) do not constitute an emergency, I would probably let this one go. She's new and apologized and no harm done, right? I would document the incident for your records in case you ever need to use it in some way, but just leave it alone for now. Hope that helps :)

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A.R.

answers from Boise on

I agree with the others, re-read your lease and consider speaking with the manger again about issues that demand immediate attention (such as leaking water) and issues that can wait until you respond (like turning the valve off) and ask if they would be okay agreeing only to enter unless with permission unless its immanent danger. Most leases, however, specifically state the property manager or owner has the right of entry with out explicit permission.

I would also suggest thinking through why you feel so violated. A person who is a professional, who has probably gone into many apartments (most likely more messy than your own) went in for a professional reason. Had the dead bolt not been locked, you probably would never have known. I would spend some time considering your own feelings, why the intense reaction, and maybe talk to your husband about why he is so calm (you two are obviously thinking about it differently) and then make a decision about how to proceed when you are a little calmer.

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J.K.

answers from Denver on

Hi there!
This happened to me and my husband also. Our attorney told us there is nothing we can do about it, but write the management a letter and tell them that they should've called first and foremost. Then let them know that you require at least a 24 hour notice and if they do not honor this then you will change the locks. But this since this is their "first violation" we couldn't do anything about the current situation.

M..

answers from Ocala on

Because you rent an apartment, the landlord has the key and has the right to go in anytime.

I'm sure it was in the fine print of the lease.

I understand how you feel but she owns the place.

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J.N.

answers from Salt Lake City on

I would read your lease. In ours (and it is allowed, maybe even required, by law in our state) it clearly states that the management and/or maintenance is allowed to enter the apartment if there is a need, even without permission. If that is the case, there's little you can do except move :(

I would suggest that you update emergency contact numbers with the office. It looks like she did try to contact someone first. Give them your cell phone # if you have one, and your husband's work number since his cell was off at work. Also request, in writing, that any time they need to enter the apartment and you're not there, they leave a notice. Our old apartments left it on the door; where we live now they leave it on the kitchen table (more privacy but sometimes overlooked). And it's always a good idea, no matter where you live, to make sure purse/wallet/credit cards and personal info are not left out in plain sight (my grandma always taught me, even when she owned her own house, to put my purse away in my room; don't make it any easier for an intruder to find sutff she said)

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R.M.

answers from Portland on

Hi C.,

I think the best course of action for you would be to tell your property manager they do not have permission to enter your apartment without permission, unless there is an emergency, (gas leak etc).

It sounds like a miscommunication on your manager's part, but it's a good time to make your feelings clearn.

R. Magby

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