Renting rights question

[Pro2A]

I can't seem to find a specific statute about this issue, so maybe some of you legalese out there can help me.

The story is this, my buddy and I went to the range yesterday, and got home around 19:30. As we were pulling in and unloading my truck the landlord pulled up. No hello, no hi, no nothing. Just a "We have a problem". So my buddy continues to unload the truck and proceeds inside. She seems a little displeased about the 4 guns I had in my hands, holster and slung over my shoulder. Outside she continues to tell me in a rather snooty tone that she hasn't gotten her rent check in the mail yet and wants to know where it is. Now mind you we are good tenants, and the realtor knows it since it’s the same realtor we had from the place we rented before. She always has the rent to her in a reasonable time, we keep the yard up, neighbors don’t complain etc… She has even verbally said as long as the check isn’t received too late (i.e. the 15th) in the month it’s ok if it’s a few days after the first.

Well she continues to bark at me as I'm walking up the steps to get my wife who is in the house. I tell her "I’ll get my wife, she is in the house, and she’s the one who writes the checks". So as I go back to my truck to get the key to the house she kind of does a walk around the garage to “make sure we’re mowing the lawn”. I remind you none of this is provoked, and we keep the yard and rent up as per the contract. We have NEVER had an issue with her except for when our lawn mower broke and she went postal then too because our yard wasn’t mowed. She cooled after we told her it broke and was waiting for our rebate check to get a new one.

Continuing on…. Well I go in to get my wife and she goes out to the deck to discuss with her what’s going on. From what I told the landlord before I came in, we were away for the beginning of the month for the holiday and we sent the check in the mail when we got home that Monday (The 7th I believe). She lives in town, should have had it by the 8th no later than the 9th. Nothing out of the ordinary, this is when she normally receives it and has no issues.

As I go inside to put my guns away I can hear my landlord outside yelling… not talking loud, but yelling at my wife. A moment later my wife comes in damn near in tears. Apparently our landlord wants to do an inspection on Sunday and “her check better be in the mail or we’re going to have problems”. My wife told her that we won’t be home Sunday because we are going to Maine for the week, can we reschedule? We’ve had this planned since January. The landlord didn’t seem to care and said “Somebody better be here then, because I’m inspecting the place Sunday”!

Can she legally enter the house if no one is home? I really don’t want her in snooping around after all this crap. It’s like she is looking for a problem.

[knight0334]

I can't seem to find a specific statute about this issue, so maybe some of you legalese out there can help me.

The story is this, my buddy and I went to the range yesterday, and got home around 19:30. As we were pulling in and unloading my truck the landlord pulled up. No hello, no hi, no nothing. Just a "We have a problem". So my buddy continues to unload the truck and proceeds inside. She seems a little displeased about the 4 guns I had in my hands, holster and slung over my shoulder. Outside she continues to tell me in a rather snooty tone that she hasn't gotten her rent check in the mail yet and wants to know where it is. Now mind you we are good tenants, and the realtor knows it since it’s the same realtor we had from the place we rented before. She always has the rent to her in a reasonable time, we keep the yard up, neighbors don’t complain etc… She has even verbally said as long as the check isn’t received too late (i.e. the 15th) in the month it’s ok if it’s a few days after the first.

Well she continues to bark at me as I'm walking up the steps to get my wife who is in the house. I tell her "I’ll get my wife, she is in the house, and she’s the one who writes the checks". So as I go back to my truck to get the key to the house she kind of does a walk around the garage to “make sure we’re mowing the lawn”. I remind you none of this is provoked, and we keep the yard and rent up as per the contract. We have NEVER had an issue with her except for when our lawn mower broke and she went postal then too because our yard wasn’t mowed. She cooled after we told her it broke and was waiting for our rebate check to get a new one.

Continuing on…. Well I go in to get my wife and she goes out to the deck to discuss with her what’s going on. From what I told the landlord before I came in, we were away for the beginning of the month for the holiday and we sent the check in the mail when we got home that Monday (The 7th I believe). She lives in town, should have had it by the 8th no later than the 9th. Nothing out of the ordinary, this is when she normally receives it and has no issues.

As I go inside to put my guns away I can hear my landlord outside yelling… not talking loud, but yelling at my wife. A moment later my wife comes in damn near in tears. Apparently our landlord wants to do an inspection on Sunday and “her check better be in the mail or we’re going to have problems”. My wife told her that we won’t be home Sunday because we are going to Maine for the week, can we reschedule? We’ve had this planned since January. The landlord didn’t seem to care and said “Somebody better be here then, because I’m inspecting the place Sunday”!

Can she legally enter the house if no one is home? I really don’t want her in snooping around after all this crap. It’s like she is looking for a problem.

What does your lease/rental agreement say about that?

Landlords can be cited for trespassing and unlawful entry just the same as any other Joe(opens another can of worms though).

[Pro2A]

It says 48 hours notice prior to inspection. Thats fine and understandable, but it says nothing about when we are not going to be home. We even told her we aren't going to be here.

I have a feeling she will still enter.

[normanvin]

I don't think she is allowed to enter with out you or the wife being there. There are lawyers that will give you a free consultation.

I just found this site that might help.

http://www.hud.gov/local/pa/renting/tenantrights.cfm

[Exbiker]

Wouldn`t it just be easier to just pay the rent on time? I`m not sure when people started using the grace period to change due dates. If a due date is the fist, how`s this for an idea...pay it on or before the first.

Most likely with the notice she can enter. You could have a representative(friend or relative) be there at that time.

[Pro2A]

When you're short on cash or waiting for pay day (the 4th this month) its more illegal to send a bad check then to use the grace period and send it a little late as agreed on with her. It could have gotten lost in the mail for all we know, but it’s still NO excuse for her to come over without asking what’s going on first and YELLING at me and my wife like we do it all the time... it was completely uncalled for, considering we have it sent on time each and every month. This is not a chronic problem. Each month it’s in the mail no later than the 5th. I am a bit peeved about this.

[LorDiego01]

Wouldn`t it just be easier to just pay the rent on time? I`m not sure when people started using the grace period to change due dates. If a due date is the fist, how`s this for an idea...pay it on or before the first.

Most likely with the notice she can enter. You could have a representative(friend or relative) be there at that time.

+1

Pay on time, then either have a friend or relative house-sit for you on Sunday.

[Pro2A]

Pay on time

I know this and for the 100th time we do per our agreement there is really no set date, as long it's not super late in the month. We think it simply got lost or delayed in the mail. It is still no excuse for her being Nazi women to my wife last night. You'd feel the same way if someone yelled at you or your wife... especailly over something that has NEVER happened before. This isn't the issue at hand tho...

then either have a friend or relative house-sit for you on Sunday.

We told her we'd be here Thursday or Friday evening if she wishes to come by then. Say I can't find someone to come over to be here on Sunday, the issue at hand here is can she legally enter the property when we are not home? What about my privacy rights? Sure its her property, but tenants have rights too. I don't want people going thru my belongings while I'm not here, suppose she leaves the door unlocked and I'm not here for a whole week etc...

[shefearsnothing]

Just what exactly is she inspecting your house for and what would THAT have to do with your rent check? I guess if it's in your rental agreement she can do it or if the law says so (sorry I can't be of any help in that regard) but I don't see how that has ANYTHING to do with your rent. I would make sure that anyone you have there as a representative while you're away is someone who will KNOW your rights and be able to protect them against this woman. You will not want some timid, unknowing person standing up for you, only to come home and find out she went through there as if no one was there anyway, you know?

[Noah_Zark]

When you're short on cash or waiting for pay day (the 4th this month) its more illegal to send a bad check then to use the grace period

No offense, and no flame Pro2A, but IMO there's some issues here:

It's "the most legal" to pay the rent by the 1st, if that's what the agreement is, instead of waiting until payday on the 4th. Shift your $$$ around so that you make the payment on time, regardless of any "grace period."

. . . and send it a little late as agreed on with her.

You don't have an "agreement" unless it's in writing. Get it in writing, or pay the rent by the 1st.

It could have gotten lost in the mail for all we know, but it’s still NO excuse for her to come over without asking what’s going on first and YELLING at me and my wife like we do it all the time... it was completely uncalled for, considering we have it sent on time each and every month.

But you haven't been on time (the 1st) by your own admission:

. . . This is not a chronic problem. Each month it’s in the mail no later than the 5th. I am a bit peeved about this.

It IS a chronic problem if you put the check in the mail no later than the 5th, and the due date is the 1st.

Like I said, shift some $$$ around and have the rent money in your bank account on the 27th or 28th, so that your LL gets the check on the 1st.

End of problem. Again, not a flame but just some advice from someone who's been around the block a few times, and who's been on both sides of the LL/tenant relationship.

Noah