A new dilemma

[livetogarden]

We are in a rental while our house is being restored. Our landlord seemed really nice. However.....he returned a copy of our lease to us 1 day last week, left it in the door since we weren't home and also left a copy of a 'new' lease we didn't sign.....BUT that lease also has our signatures on it (illegal to say the least). The 'new' one has wording in it that says he can come in anytime he chooses and if we aren't home his only requirement is he has to leave a note saying he's been here. I have been leaving 'booby traps' when I leave so I can tell if he's been inside. Today I discovered that he has been in the basement some time in the past couple of days. There are rooms we are not and will not use because we don't need to. There was a bucket of items of his in one of the rooms. It was there the end of last week and today I discovered that it's gone.....AND....no note was left. The back door comes in to a porch which then goes to the basement or the kitchen. My 'booby traps' have been left inside the kitchen door so he could go in the basement without us realizing it. I can be a very sound sleeper. I told my husband I hope he doesn't come in when I'm asleep because I don't hear anyone at the door, that would really freak me out.

[mascot]

I don't know what nebraska state law says, but in california the ONLY reason a landlord or property owner can enter a rental unit is if it's an emergency.  Sounds like the guy is being a jerk, he has no reason or right to be inside unless invited, barring an emergency.  We have a landlord/tenant legal group in San Diego that helps you through issues like that with legal advice.  See if you have one in your town/county.  good luck !

[PondmaninAL]

You need to get that new lease to a lawyer and see if he can find out whether it is a photocopied image of your signature or a forgery. Either way, if you can prove that you didn't sign it, you can sue him and/or have him arrested. Landlord's do not have permission to come in your house as long as you are paying the rent on time unless you invite him in. Can you say,"Rent free"?

[livetogarden]

Scott....we are in this rental because of a house fire at our own house. Our insurance has paid the rent up to Jan. 25, 2010. The signatures are our actual signatures BUT NOT done on that lease by us, we only signed 1 paper and it was the 'old' lease. Our only guess is he copied them onto the 'new' lease from one of the papers we had to sign for the insurance. There were papers going back and forth between us, insurance and the landlord. All the papers he left us are copies.
Geesh....we have chaos in our lives as it is dealing with the fire damage, we certainly don't need more situations. My husband is going to try to place a lock on the kitchen door, at least he wouldn't be able to get in to the main floor. What a dilemma, all we want is a peaceful place to live in until we can move back to our own place. Who knew we would be in a situation like this?
Be thankful for what you have everyone. There are some strange people in our world.

[Mikey]

I suggest sending the landlord a registered or certified letter putting him on notice that he is not to enter your apartment without your explicit permission according to State of Nebraska law.

Here is a copy/paste from this web site:  http://real-estate-law.freeadvice.com/landlord_tenant/security_deposit_privacy.htm


Tenants’ Privacy and Landlords’ Access

In every state a landlord may enter rented premises without notice to the tenant if there is an emergency such as a fire, gas leak, or severe water leak.

Tenants may give landlords permission to enter at any time. If a landlord has not received specific permission from the tenant to enter, most states require the landlord to give the tenant notice of an intention to enter for a valid purpose, such as to make a repair, assess the need for repair, or show the unit to a prospective buyer or renter. The landlord cannot enter simply to inspect how the tenant is using the premises. Before entering, the landlord must give 24–48 hours advance notice; and in some states the landlord may only enter during ordinary business hours. This is usually understood to be the time period from 8 AM to 5 PM. If the tenant refuses the landlord’s request, the landlord can enter without permission at a reasonable time. In deciding if a time was reasonable, a court will consider how much the landlord was interfering with the tenant’s privacy or use of the unit. The time of day when a landlord can enter is defined by state law and need not appear in the lease or rental agreement.

Landlords may also enter rented premises that have been abandoned by the tenants, and some states allow landlords to enter to check on premises during an extended absence of the tenant, sometimes defined in the state law as seven days or longer. When this right of entry is provided by state law, it does not need to be mentioned in the lease or rental agreement.

If a landlord repeatedly enters rented premises without permission or at unreasonable times, the tenant has the right to take legal action. If the landlord’s entries are in violation of a clause in a written lease or rental agreement, the tenant can bring a legal action for breach of the rental contract and ask for damages.

If the written agreement does not mention the landlord’s right of entry or the tenant’s right of privacy, the tenant’s legal remedy is for breach of the tenant’s right of quiet or peaceful enjoyment of the rented premises. When a landlord rents property, he or she is assumed to promise that the tenant will be able to use the property without interference by the landlord. If the landlord’s entry into the rented unit is so invasive that it makes it impossible for the tenant to continue living there, the tenant can move out without notice and sue for damages. If the landlord’s actions are not so serious as to justify moving, the tenant can bring an action for harassment or disturbance of his or her peace of mind.

The remedies available to a tenant have been interpreted differently in various states. Information about these remedies is usually found in the decisions of the state courts, and not in the written state laws. The damages available are also different in various states. Some state and local laws allow for damages to punish the landlord, while others allow a tenant to collect only damages he or she has actually suffered.

[Mikey]

Here is the code for Nebraska: http://www.nrec.state.ne.us//landlordact.htm

[Kittyzee]

Oh...My...God....that makes my blood pressure pound in my ears.   I can't say anything that hasn't already been said.  Your booby trap idea is great...let me add that small video devices are relatively cheap and in this case a good investment.  I would high tail it to a Best Buy or some such place and get one and it would be installed for that low-life to get caught invading my home.  Then, you can do to him whatever you want.  This guy could be a creep of the worst kind...ever try seeing if he's a predator on any of your state's websites?  Better yet, just go to the police and sheriff's dept. and ask. 

I'm sorry to bring up that kind of stuff Cath, but if you haven't already thought of it, well like you said. What if he's been coming in while you are sleeping. 

Why does this sh*t have to happen on top of everything else....let's light a fire (oops, pardon the expression... ) under the construction guys so you guys can get into your home ASAP!   

[livetogarden]

LuAnn....I hadn't thought to check the state websites. Thanks for that....will do it now. And your fire expression actually gave me a much needed chuckle. 

Just checked the website....he's not on it, thankfully.

[Brian]

Cath,
I would be more inclined to replace the lock, and then reinstall the original when your lease is up rather than adding any kink of lock.  The landlord may ding you for damages if you add screws to the door frame etc.

[Kittyzee]

Whew!  Certainly glad he didn't pop up on any of those.....

Glad I could help brighten your day.  Stay vigilant -- heck of a thing to have to do in your own home -- it will all be over soon!  Have a great Thanksgiving Cath and family!   

[livetogarden]

Brian...Just now saw your idea but I did just that today. I happened to think this morning that I could go to Lowe's and find a lock very close to this one. I actually removed the lock and took it with. Found 1 that has holes in the same spots so for $10.96 I believe this dilemma is solved. Guess when someone is being a jerk you just have to beat them at their game, right? 

[Esther]

oK, as a retired bank manager and have dealt with forgeries on checks etc., I'm very concerned with what I think you said was copying your signatures to a second lease. You are not bound by it for one thing but for another, it is forgery---big as life for him to apply your signature in any fashion to another document. I'm not sure though if your agreement with the landlord can superscede the state law. If I as a landlord come to an agreement with the tenant that says he can enter at any time, it seems like it should be legal. But if it wasn't on the original  document signed by you then that's different. Also, it says on the agreements we use, that the tenant is not allowed to change the locks without providing the owner a key. So that should stir up the mess a bit for you. Otherwise the stuff posted about the law pretty much goes right along with what we do. We only enter in an emergency or if the tenant has given us permission or after a written notice and at least 24 hours.

[livetogarden]

I just read our lease closely (the one we actually signed) it says 'landlord has the right, subject to tenant's consent, to enter the dwelling unit in order to inspect the premises, make necessary repairs, supply necessary or agreed services, however, landlord may enter the dwelling without tenant's consent in the case of an emergency'.
The 'new' lease that we did not sign THAT HE COPIED OUR SIGNATURES ON TO says 'lessor shall have the right at all reasonable times to enter the premises for the purpose of inspecting the premises, making any repairs, additions or alterations as may be deemed appropriate by lessor. Lessor is required to leave a note upon leaving the property to notify the lessee'
I didn't find anything about not being able to replace locks. Plus....this lock was already on the door we just were not given a key for it so had to make sure it was not pulled shut when we left or we wouldn't be able to get back in (we would have been able to get in the back door to the enclosed porch but not in to the house). For extra security we placed the new lock on that door so we can have anything with access to the inside of the house locked.
Thanks for the tips Esther, it made me read it more closely.
BTW...he did stop over here this past Tues. I had been vacuuming and was about to head to the shower (which is in the basement) when the doorbell rang. I looked out and it was him. He said he needed to get some tools from the basement. When I said 'ok' and was going to head down to unlock the trap door he said 'the trap door is locked from the inside' so obviously he had already tried getting in that door without even saying anything. Yikes!!!!! Had we not locked that door from the inside he could have been in the basement when I was showering. (the house has no shower upstairs) That really freaked me out!!!!! My husband said he's going to talk to him and tell him we have no problem with him coming for tools or whatever but we do want a notice by phone, note or e-mail ahead of time and he can only come if he gets a response to his request just so we aren't surprised like I was on Tuesday. Because if we weren't so diligent about the locks since I was about to get in the shower I wouldn't have heard the doorbell then come out of the shower to find a man in the basement. That could., have been terrifying for me
....and him too since I'm a middle age gal and not a young chic. haha

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