Landlord problems... what do I do?????

[Pocket Trips]

Because i needed a place to live on a moments notice I am currently renting a furnished room in a house in order to save money. I have a private bedroom and bathroom, but share the kitchen with 3 other people. The landlord lives in the other half of the house apart from the rented rooms.

However, yesterday was the 4th time in 3 months that I have come home to find my room "straightened up" for me. If I am in a rush to leave for work I sometimes leave my dirty clothes from the night before in a pile on the floor by my bed and occasionally i leave a dirty dish in my room which i always clean when i get home from work the next night. I came home from work last night and my clothes were put away my bed was made, A book i was reading before i fell asleep was put on my bookshelf, papers regarding a court case I am involved in were thrown in with reciepts i had been going through recently. I really feel like my privacy was invaded here. I have told her on the previous occasions when this has happened that she has no right to enter my room unless she feels there is some kind of emergency happening like a busted pipe in my bathroom or something like that. I even pointed out that it says right in my lease that she has to give me 24 hours notice before entering my room.

The most unbelievable part of it is that SHE HAS THE BALLS TO TRY TO CHARGE ME FOR CLEANING MY ROOM! When i refused to pay her for this "service" she threatened to withhold it from my security deposit when I move out in June.


What are my options here from a legal standpoint? Can I have her charged with tresspassing? I have tried speaking to her about this rationally before but it has gotten me nowhere obviously since she keeps doing this. Do I have a legal right to put my own lock on the door that she does not have access to even though it is in her house?

I am already planning on moving at the end of June anyway, but i really want to put an end to this. I have had a landlord of mine steal all my belongings in the past so I have very strong feelings on my right to privacy as it is. Having people go into my room and rearranging my personal belongings is not helping these feelings at all.

Any advice on what to do here fom a legal standpoint will be greatly appreciated

Pocket Trips

Also in anticipation of some NORMALLY good advice I'm sure I will recieve.. putting it in her pooper is not an option here because she is a 60 year old German woman who makes my dick want to crawl up into my stomach at the sight of her /images/graemlins/grin.gif

[HoldEm_Hero]

Here's an idea...

Enter her side of the house one afternoon when she's not around and completely "clean" her area and when she confronts you about it, instead of doing things rationally, hand her an invoice for services rendered. You might try something as simple as even doing dishes, or vacuuming. Give this a shot.

[Bluffoon]

Just move fast.

In new jersey I believe there is some law where if your landlord takes your security without documentation you can take them to court and get your security back with no recourse for the landlord. This happened to my gf and she has a small claims case in court now. Not sure how it is going to work out.

I have found that the best course of action with crazy/idiotic/difficult people is to just move on. Chalk it up to experience and try to see them coming the next time and dont get involved.

[InchoateHand]

[ QUOTE ]
Also in anticipation of some NORMALLY good advice I'm sure I will recieve.. putting it in her pooper is not an option here because she is a 60 year old German woman who makes my dick want to crawl up into my stomach at the sight of her /images/graemlins/grin.gif

[/ QUOTE ]

It is always an option.

But you tried to keep an old German lady from cleaning up? What were you thinking?

[adios]

I was going to state that you should just move without reading your post. I decided to read your post and I think you should move out ASAP after reading it.

[CrazyN8]

burn the place down....

[Duke]

She's acting like an idiot, so the logical response is to also act like an idiot.

Call the police every time she does it, and try to press charges. File reports. Call the Office of Homeland Secrity and say that there may be terrorists going through your belongings. Run into her room without bothering to open the door first, screaming: "somebody broke into my room again! I think they might still be inside!"

~D

[gamblore99]

she sounds like a nut. Remember to document everything as it happens. Apperently courts like that.

But move out as soon as you can.

[InchoateHand]

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Call the Office of Homeland Secrity and say that there may be terrorists going through your belongings.

[/ QUOTE ]

Since she's foreign, I'm pretty sure you can have her locked up.

[trevorwc]

In most states you will have recourse if she withholds money from your security deposit without a rock solid reason. This is not a rock solid reason. And in most states, you'll get 2 or 3 times your security back in a settlement in an attempt to stop dick landlords from taking advantage of people who won't fight back. So let her take it out of your deposit (well, don't tell her it's okay, just wait until she does it) and then sue her ass. You will win.

[wh1t3bread]

"Put strychnine in her guacamole." /images/graemlins/tongue.gif

[KJS]

Not sure about NJ, but here in WA, I am an apt. mgr and I cannot legally enter a tenant's unit without 24 hours notice. Even to show the unit to a prospective tenant if that person is moving out.

Call a tenant's union in your area. It seems very likely your rights were violated and there can be repurcussions for your landlord. Especially if they charged you for the cleaning. Certainly do not pay that and if she does withhold it, you can take her to small claims court. I've taken landlords to court before, the judge was very sympatheric, but make sure you have all your paperwork.

KJS

[peachy]

She cant hold ur deposit for cleaning fees, its nowhere in ur lease. What is said in the lease is binding to both parties, u could take legal action against her entering your room, as in like if u broke ur lease b/c of this repeated action she could not hold u liable, etc etc. If she withholds money from u, take her to small claims court, and if she continues to enter ur room tell her u r going to install a deadbolt (if u do this u may be charged with getting a new door when u move out) a better option here is a new door knob - the kinds that have key locks ya know? I would do that ASAP, she can do nothing about it

[SossMan]

try this (http://www.bankofamerica.com/financialtools/index.cfm?view=PRODUCT&tools=homebuy)

[Pocket Trips]

[ QUOTE ]
try this (http://www.bankofamerica.com/financialtools/index.cfm?view=PRODUCT&tools=homebuy)

[/ QUOTE ]

If i could afford to buy a home do you you REALLY think I would be in this situation in the 1st place????

Are you really that stupid or was this a lame attempt to be funny? I have no problem with funny responses to a seiously posted topic, (i have made many of my own) but at least put SOME effort into it.

[The Dude]

Picket Trips,

It really depends on how much trouble you're willing to go through to make things right. She broke the lease, so you could move out any time and not be liable for further lease, nor could she withhold your deposit. However, the situation remains that she has your deposit, and likely won't just give it up when you say "you broke the lease." You'd have to take her to small claims court, and even then she might not pay. (Small claims court doesn't provide any enforcement, they only make awards.) So you might even have to go further than that.

You might consider drafting a letter. Explain what has already happened and state that you will be vacating without further rent paid if she breaks the agreement one more time. Make her sign it. This will let her know how serious you consider this. If she won't sign it, tell her you won't pay rent until she does. Leave her a copy of the letter. This letter gets her to admit that she broke the lease (in case she fights for your deposit in small claims court), and will hopefully get her to take things more seriously.

And BTW, start looking for a new place now. If you confront things, they have the potential to get real nasty real quick.

[InchoateHand]

How much is this cleaning fee anyway? and how much is the deposit?

[Pocket Trips]

She tried to charge me $75 for cleaning.. The deposit is only $600 but it is not the money it is the principal of it. I will definately be taking this to court if it comes down to it. Thanks t everyone for the great advice so far.

PT

[Pocket Trips]

thanks to everyone for responding to my posts... in case anyone was up late nites the past few days worrying about what I did about this situation ( and I KNOW you were /images/graemlins/smile.gif) here is a copy of the letter I gave my land lord last night


Psycho Landlady,

This past Thursday evening (4/14/05) Was the 5th time you have entered my room without 24 hours notice prior to doing so since I moved in on 12/01/04. Since there was no discernable emergency, (cleaning does not constitute an emergency) these intrusions can legally be considered trespassing. Enclosed is a copy of tenent rights I found on the New Jersey Attorney General office's website which explains under what circumstances you can enter property you have rented to someone.

I understand your reasoning for entering my room while trying to sell your house and I in no way want to interfere with that process. However you must also understand that part of my lease is an understood right to privacy in the property I am renting from you. That right includes the reasonable expectation that I can come home from work not to find my personal belongings rearranged for any reason.

You may disagree with the way I have papers and cliothes and other things lying around but that does not give you the right to organize or clean them for me and then charge me for doing so. If you do not feel you can show my room to people when they come to see the house then tell them you are sorry but the room is currently rented and you cannot enter it without the tenants permission. This is exactly what you told me when I 1st came to inquire about rentig the room. I have no problems with you showing the room to anyone as long as you give me notice that you are doing so. I will then do mr best to make the room as presentable as possible while I am living in it. So far 3 times you have given me notice that someone was coming and only once did they show up. I understand that people do not always keep appointments but that does not excuse you from notifying me of the next one.

After each time you have entered my room I have explained to you why I do not want people in my room but the problem has persisted. I can no longer accept this illegal behavior and as such will be moving out on May 1st 2005.

On several occasions I have heard you speaking with other tenants threatening to withhold these "cleaning fees" from my security deposit when I move out. I cannot afford to to put myself in the position of having to go to small claims court to prove you illegaqlly withheld my deposit for these cleaning fees. I am depending on that money for use as a deposit on my new residence. I am therefore forfieting my security deposit in lieu of my last month's rent. You may bill me for any damages ypu feel I caused to the property wqhile I was there but i will not be charged for any illegal cleaning fees.

I am truly sorry that this matter has to come to this rsolution but I must protect myself from becoming homeless because of this.

When I returned home from a weekend trip this morning the door to my room was wide open and anyone in the house had free access to my personal belongings. I don't feel that the other tenants would steal from me but this does not free you from the responsibility of leaving my property properly protected as it was when I left the house Friday morning when my door was shut and locked behind me. I willl be speaking with an attorney regarding this matter tomorrow and I will pursue whatever legal recourse I can against you for leaving my belongings unprotected .

You may begin eviction proceedings if you wish but I will be gone from the residence before any hearing could likely be scheduled.

I would like my last 2 weeks in the house to able to be lived as peacefully as possible and do not wish to cause any more problems than have already occurred, but do understand that I will not hesitate to call the police if I am barred from entering the premises or am harrassed in any way.

I will be typing a more formal version of what I have written here tomorrow and sending you a certified copy but i wanted to give you this tonight so that you understand my feelings on this matter.

sincerely,

Pocket Trips

[Felix_Nietsche]

You can check out books in the library on tenant rights and read about the proper counter-strategies to deal with land lords who violate your privacy. I remember from perusing one books that withholding rent can cause problems.

I would NOT have mentioned contacting a lawyer... The letter was a little aggressive and she may decide to 're-raise' you....

The so-called cleaning charges may have been a 'Bluff' to coerce you to clean the room. Either way this was a DUMB move on her part...

[AlienCorpse]

[ QUOTE ]
sincerely,

Pocket Trips

[/ QUOTE ]

nice

[axioma]

ask her to play a $300 freeze out to settle the matter.

[STLantny]

Whatever you do, just make sure to leave a duece in the middle of the floor when you move out.

[LALDAAS]

[ QUOTE ]
Whatever you do, just make sure to leave a duece in the middle of the floor when you move out.

[/ QUOTE ]

LOL or a second story drop!

Where in NJ?

[Pocket Trips]

[ QUOTE ]
[ QUOTE ]
Whatever you do, just make sure to leave a duece in the middle of the floor when you move out.

[/ QUOTE ]

LOL or a second story drop!

Where in NJ?

[/ QUOTE ]

Lmao
Denville NJ in morris county

[LALDAAS]

not to far from me in mountainside, union county. Should grab a beer sometime.

[Pocket Trips]

sounds like a plan /images/graemlins/grin.gif

[manpower]

I hope you ran that thing through spell check before you sent it to her.

[Pocket Trips]

was just something I ytped up in about 15 minutes at the library last nite before I went home to confront her.. I had 20 minutes before theyclosed so i didn't have time to correct typos... thats also why I stated I would be sending her a more formal copy by certified mail

[manpower]

[ QUOTE ]
I had 20 minutes before theyclosed so i didn't have time to correct typos...

[/ QUOTE ]
Oh well, such is life I suppose. Good luck with the situation.

[OtisTheMarsupial]

A good place to start is by reading your lease

and/ or

move.
Try a motel instead.

[jba]

[ QUOTE ]
thanks to everyone for responding to my posts... in case anyone was up late nites the past few days worrying about what I did about this situation ( and I KNOW you were /images/graemlins/smile.gif) here is a copy of the letter I gave my land lord last night


[/ QUOTE ]

Hey man sorry about the situation, landlords suck sometimes.

I am not a lawyer, but you might want to talk to one before you break the lease. I'm not sure what your lease situation is, but if it's not over on May 1st, or you're required to give 30 or 60 days notice, you are breaking the lease if you move out. Your landlord can sue you for breaking the lease.

The same goes for the threat to withhold the last month rent. Most states consider the security deposit and rent to be completely separate. Which means that it's possible that from a purely legal standpoint, you didn't pay your rent. This is necessary, otherwise every tenant that trashed a place would just not pay the last months rent to effectively get their deposit back, and where would landlords be then? I'd like to reiterate that I'm not a lawyer so do not take any of this as fact, just concern.

If your landlord goes nuts on you she could make your life very, very difficult. If she wins a judgement against you for breaking the lease and/or withholding rent, you're going to have a very, very difficult time getting someone to rent to you for the next ten years or so.

Please note I think you're 100% in the right. My apartment super will sometimes put UPS packages inside the locked door of my apartment when I'm not home, and it PISSES me off to no end.

I just don't want you to get royally screwed.