Futuregrower

Hi all,

Just read a few posts where people are saying the the landlord/maintenance people/ etc. MUST give 24- hr notice before entering your apartment, except for emergency.
I have just read a few states' guidelines, and it appears that it varies widely from state-to-state.

For instance, IL. says no notice,(aside from knocking and announcing) just whatever is 'reasonable' hours and visits. I.E., no visits for inspection during middle of normal sleep hours, no 27 visits a day, things like that.

Some states give tenant right to written notice, or any notice, a lot don't.

So, am I wrong? Where are all the tenants rights arguments coming from? can someone cite a nat'l law that is unknown to me? I thought it all went state-by-state, with the feds saying "right and reasonable access for landlords/owners" and the states figuring out what that is.


I always figured to play it safe- no landlord in apartment since I moved in, and I am still careful, as you never know.
Because , lets face it, if a landlord ever discovers weed growing, and calls cops, you're busted, whether he had right to 'accidentally' break lock on cabinet to get at weed or not.

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LINK to a great way to search, written by Burndt

analog

First thing is to read the fine print on your lease and find out what the local laws and or tenant's rights orgs for your City.

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burndt

Hello Futuregrower & Welcome

I would like to point you to a site I've used before. It has a plethora of information
(sorry if you've already found it)

Landlord Tenant State List - Select your state RENTLAW.com

Hope you find your answer



edit: I tried searching for a .gov federal law site on tenant's rights but was unable to find one -sorry

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bobbooty

im not sure about the rest of the states, but in my state, as a tenant you can write in stipulations, if there is no clause stating notice of planned entry, you can actually write your own one in. so long as the lease is signed by both parties, its legal. so if you add your own lease stipulations, and the landlord signs it, it is legal.

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mayan

The thing to keep in mind is that even if the landlord's activities is against the law, it's not going to make a difference if he comes in and sees a grow and reports it to the cops. The LL's observations will be legal probable cause, regardless of whether it was "extralegal" or not.
When it comes to LLs, it's best to figure that they won't abide by the laws....and it won't make a difference when it comes to the cops.

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swordfish

Is having a locked closet within a bedroom where know plumbing or maintanence access is needed for even the most snoopiest of Landlords? If I had to rent a one bedroom I would have a lock on my bedroom door irrespective of the landlords opinion, as if he would ever have to know in the first place. Then once inside my locked bedroom, you would encounter a locked closet door with nothing in either of the two rooms neccesitating the managers intrusion.

If it ever got to the point where I would be comfronted about locking my bedroom door, I could simply claim I needed the extra security of a bedroom locked door. What is any reasonable landlord going to say about that? Even if he gets into my rented bedroom while I am in attendance, why would he question me about a keyed closet doorknob where he would have know reasonable right to inspect in the first place?

Having a locked closet within a rental is easily explained away as a close friend working out of state requested you store some of his belongings and for his sake of security asked you to keep his stuff locked up at all times. I dont ever believe it would get this far but you need to play things out and think about what would be reasonable. If you had an adjacent bathroom where plumbing issues could arrise and landlords and workmen would have a legit need to traverse the area like kitchens and bathrooms.

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mayan

I agree, swordfish...OTOH, I think a landlord could legally claim that s/he needs to have unfettered access to all areas of the rental in the case of an emergency when you weren't around. Perhaps they wouldn't mind a locked bedroom...

I would think they would have a much harder time demanding access to a free-standing piece of furniture (or whatever) that is not a structural element of the real property.

I'm not saying that my thoughts on this are the last word. I used to do a fair amount of landlord/tenant law (and criminal law) and I would never count on a LL to follow the law. Some do, of course...many around here could give a fuck. It's just important to keep in mind that the LL can report to the cops NO MATTER whether there was legal access or no.

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Futuregrower

Thanks to all for the above. I was mainly asking to see if there WAS a fed. law I was unaware of.
I had seen quite a few posts saying "landlords MUST give 24-hr notice", and wanted to make sure I had it right- it mostly varies from state-to-state. Not to mention, if a LL came in with no notice, they could always just claim they though they heard a leaky pipe or something.

And, swordfish, that is EXACTLY what I do when I grow. I mean, what I WOULD do. If I ever grew or used MJ. Which I don't, cause Uncle Sam told me it was bad, and I follow his advice in all things.

__________________
~~ The Once And FutureGrower
The futures here, we are it, we are on our own....Singing Ashes, ashes all fall down......

"I inhaled, frequently," Senator Obama said before being elected President "That was the point."

First Grow! Twofer, Mandalas "Satori" and KC Brain's "Northern Lights Special"
http://www.gardenscure.com/420/hydro...kc-brains.html

Caution! (Do not stop on tracks). Grow 2

LINK to a great way to search, written by Burndt

mayan

Exactly! None of us use or grow.

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Hempy Grow Journal - More Tales From the Crypt

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