1) Management entered my apartment for non-emergency reasons without notice, while I was out, for the annual inspection of the fire extinguisher. Note: The last inspection was Dec. 9, 2010. At the beginnin g of Dec. this year, I asked management when the inspection would take place. She thanked me for reminding her and said she would make a note to herself to arrange inspection. Dec. 9, 2011 would have been one year exactly, but there was no inspection at all in 2011.2)I came home to a note on my door on Jan. 3, 2012 that management and annual fire extinguiser inspector had been in my apartment. (subsidized rural development housing).However, the date punched on the inspection tag was December 2011, rather than Jan. 2012. (There was no inspection in 2011). Is this a violation?3) Even though a note was left, apologizing for the instrusion,my contract indicates that there must be reasonable notice for "non-emergency" landlord visits. Can I take them to court? The note indicated that there was no notice because this was a new inspection company and there was no time to send notices. Should not whoever, the apartment management contract with, be aware of the contract obiligations to the tenants?Do I have any recourse in this matter? I live in Pennsylvania.
Optional Information: State/Country relating to question: Pennsylvania Already Tried: I looked at my contract to make sure of the "tenant entry" agreement.
Was anything damaged or were you inconvenienced in any way?
It does not appear to be any damage to anything. The inconvenience is that I had personal files that I was going through left out. The other inconvenience is that I simply don't like people going in my apartment "emergencies excluded" I consider this an invasion of privacy. I don't believe poor planning on their part with a third party should constitute a breach of contract with tenants. But I don't know. These are just feelings that I have. Am I over reacting?
You should complain to the management as they acted improperly. Technically, you can claim a breach of contract but the damages you would be awarded would be nominal and not worth the effort of pursuing the case in court. Put your complaint in writing and insist that they provide notice when they need to visit on a non emergency basis. You should also make clear that you will pursue a future violation in court. Hopefully there will not be a repeat but you would have laid a foundation if there is another violation.
If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Experience: 30 years of corporate, litigation, real estate, estate and international law