Ask Me Help Desk - Landlord-tenant laws

My apartment complex manager entered my apartment without giving any notice while I was at work, told a friend that she specifically said could stay there until he found his own apartment to get out and served him with criminal trespassing papers, told him to never be near the apartment complex, refused to let him come back to get his stuff, went into the apartment again; with NOBODY AT ALL there, refused to put in writing her agreement to let him stay as long as he needed to; claiming; "I will not put this in writing so I cannot get in trouble if I decide to kick him out." I believe she planned to this from the beginning. They called me at work and I almost got fired over it, called twice actually; the first time she stated there were three people there that she kicked out, the second time stating there were only two people kicked out, went in around 10 am, didn't call me until after 1 pm, second time was after 2 pm, she breached the lease by entering 1. without any notice, 2. when nobody was there at all; (they could have taken anything I own and nobody would have known until I got home, still haven't because I'm looking for legal help at library.) and 3. refused to acknowledge my complaints about other tenants blasting gospel music at 2 am, keeping me awake when I have to get up at 7 am to ride a bicycle to work at 9 am. Is there anything at all I can do about this B.S. Please help soon or I may be without a home soon.

Yes, it is unlawful to enter your apartment without at least a 24-hour notice unless it is an emergency.

Re the noise complaints, call the cops when it happens. You can do so anonymously. You really don't have a cause of action against him on this one.

Re the people he "kicked out", I think he's definitely overstepping his bounds. It may very well be that he considers them "unauthorized occupants", but his remedy for that would be to serve you a notice of eviction, not go into your apartment.

Has he given you a notice of eviction? If so, what are the grounds (that must be stated for it to be legal)?

If I were you I'd call your state attorney general and lodge a complaint about his entering your apartment without notice.

Most of what you describe seems more like his being a jerk than his "breaking the law" (except for entering your apartment), so if it were me, I'd definitely get the Attorney General on him, but also look for another place to live - unless you're in a Lease. If you are, maybe you could use the AG complaint as leverage: offer to not file if he'll release you from the Lease in writing.

Did you check the lease and make sure of its wording? The manager may actually have the right to enter your apartment. If its not in the lease, then change the locks (unless that is prohibited as well). If they go after you they will have to explain why they entered the apartment.

Did you contact the complex owner. The manager is just their employee and their actions may be without the knowledge or consent of the owners. If the mgr is violating the lease, then they would be liable for his actions so they will want to know.

There is also an element of incompleteness in your story. You mention there being 3 and 2 people in the apartment. It wasn't clear whether the manager was just saying this or there were actually that number. But it begs the question of why were there so many hanging out during the day. I'm envisioning a number of possibilities as to why the manager is trying to get rid of these people, that would be justified.

Quote:

Originally Posted by ScottGem

Did you check the lease and make sure of its wording? The manager may actually have the right to enter your apartment. .

I don't agree. A tenant cannot give up his rights by language of a Lease. Even if the lease says he may enter at his whim, it is not enforceable - and still unlawful if your State Landlord-Tenant laws give you that right. What state are you in?

Quote:

Originally Posted by ScottGem

There is also an element of incompleteness in your story. You mention there being 3 and 2 people in the apartment. It wasn't clear whether the manager was just saying this or there were actually that number. But it begs the question of why were there so many hanging out during the day. I'm envisioning a number of possibilities as to why the manager is trying to get rid of these people, that would be justified.

I agree.

I didn't say the lease would allow entering at whim. But it might allow entering under certain circumstances. I'm not saying this is the case here but I can think of several circumstances that might allow the entrance. If there was increased traffic into the apratment, that might have been indicative of drug or prostitution activity. Maybe smoke seeping out from drug use. Other possibilities exist. My point, is that the manager might have been within their rights under the lease.

I just don't think we know enough about the whole story here.

Scott is right to point out the complications. Whatever the law allows for as far as entering without notice goes, then the landlord could argue that he deemed that the situation allowed him... and of course the only way to get a legal opinion on this is to take him to court... which is an expensive and iffy venture.

If you lose, you're out a lot of money.

What state are you in so we can check the Landlord-Tenant law on it.

I live in Kentucky. She had agreed to let a friend who just turned 18 at the end of March stay until he could find an apartment of his own, and every once in a while another friend of ours would spend one night there. As to the smoke seeping out, the only smoke that ever seeped out is cigarette smoke, and the occasional cooking smoke. When she agreed to let him stay, I requested to have that put into writing, and she refuse, stating; "I will not put this agreement in writing so you cannot get me in trouble if I decide not to let him stay at a later date." I believe she was planning on throwing him out to live on the streets as soon as I heard that remark. She stated she kicked three people out the first time she called, then changed her story to only TWO people being kicked out, sounds like a discrepency, maybe even outright LIE!

You really need to find a new place to live. This landlord is going to continue to make you miserable and she obviously can't be trusted. Start looking for a new place and in the meantime start creating some paper about your complaints. Send a certified letter to the landlord stating that you have repeatedly complained about the neighbors playing loud music in the middle of the night and the fact that she has done nothing about it. Send another certified letter complaining about the landlord entering the premises without advance notice to you. Then when you find a new place to live and she tries to keep your deposit you can file a lawsuit against her, claiming that she constructively evicted you by her actions.

I have sent an Email to the Ky Atoorney General, will add more depending on what he Emails back. I will be looking for another apartment as soon as I get off from work tomorrow. Thank you

Quote:

Originally Posted by unclejohnny

My apartment complex manager entered my apartment without giving any notice while I was at work, told a friend that she specifically said could stay there until he found his own apartment to get out and served him with criminal trespassing papers, told him to never be near the apartment complex, refused to let him come back to get his stuff, went into the apartment again; with NOBODY AT ALL there, refused to put in writing her agreement to let him stay as long as he needed to; claiming; "I will not put this in writing so I cannot get in trouble if I decide to kick him out." I believe she planned to this from the beginning. They called me at work and I almost got fired over it, called twice actually; the first time she stated there were three people there that she kicked out, the second time stating there were only two people kicked out, went in around 10 am, didn't call me until after 1 pm, second time was after 2 pm, she breached the lease by entering 1. without any notice, 2. when nobody was there at all; (they could have taken anything I own and nobody would have known until I got home, still haven't because I'm looking for legal help at library.) and 3. refused to acknowledge my complaints about other tenants blasting gospel music at 2 am, keeping me awake when I have to get up at 7 am to ride a bicycle to work at 9 am. Is there anything at all I can do about this B.S. Please help soon or I may be without a home soon.

Quote:

I live in Kentucky. She had agreed to let a friend who just turned 18 at the end of March stay until he could find an apartment of his own, and every once in a while another friend of ours would spend one night there. As to the smoke seeping out, the only smoke that ever seeped out is cigarette smoke, and the occasional cooking smoke. When she agreed to let him stay, I requested to have that put into writing, and she refuse, stating; "I will not put this agreement in writing so you cannot get me in trouble if I decide not to let him stay at a later date." I believe she was planning on throwing him out to live on the streets as soon as I heard that remark. She stated she kicked three people out the first time she called, then changed her story to only TWO people being kicked out, sounds like a discrepency, maybe even outright LIE!

Kentucky Revised Statutes (KRS) Chapter 383.00:

Kentucky Revised Statutes

SOME Relevant Statutes:

KRS § 383.545 Definitions.

.. .

(11) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under KRS 383.610 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

[NOTE: Based on the facts provided, it appears that the landlord (via the landlord's agent, the apartment complex manager) agreed to an ORAL modification of the existing rental agreement to extend the rights of possession, use and occupancy to your friend until such time as your friend found another apartment. It could reasonably be argued that your friend was not merely a lawful guest in your leasehold estate, but rather a tenant entitled to possession in his own right.]

* * *

KRS § 383.590 Possession of premises.

At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and KRS 383.595. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in KRS 383.695(4).

[NOTE: Inasmuch as your friend was either a tenant in his own right entitled to possession of the leasehold estate or a lawful guest in your leasehold estate pursuant to your oral agreement with the landlord (via the landlord's agent), it does not appear that your friend was "wrongfully in possession."]

* * *

KRS § 383.615 Access.

(1) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(2) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(3) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of his intent to enter and may enter only at reasonable times.

(4) A landlord has no other right of access except:

(a) Pursuant to court order;
(b) As permitted by KRS 383.665 and 383.670(2); or
(c) Unless the tenant has abandoned or surrendered the premises.

[NOTE: Unless your landlord can establish that a bonafide emergency existed (e.g., a fire) or explain why giving notice was impracticable [e.g., that you couldn't be found to give notice] when he entered your leased premises on two occasions, your landlord was required by law to give you two days notice.]

* * *

KRS § 383.655 Tenant's remedies for unlawful ouster, exclusion or diminution of service.

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent and a reasonable attorney's fee. If the rental agreement is terminated, the landlord shall return all prepaid rent.

[NOTE: If your friend can reasonably argue that he was entitled to the possession, use and occupancy of the leased premises pursuant to an oral agreement, then your landlord's decision to exclude him from the premises may be an unlawful ouster entitling your friend to damages.]

* * *

KRS § 383.700 Remedies for abuse of access.

(1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

(2) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.

[NOTE: It is apparent that this situation has caused you considerable distress and turmoil almost caused you to be fired from your job. If your landlord made an unlawful entry, the law allows you to seek an injunction preventing your landlord from doing this again or terminate your rental agreement and (in either case) to recover your damages, e.g., actual damages include pecuniary damages for the costs to move, etc., and perhaps even nonpecuniary damages for emotional pain, suffering, inconvenience, mental anguish, etc.]

* * *

Although your description of your problem was not entirely clear, the part of your post that confuses me the most is your statement: "My apartment complex manager . . . served him with criminal trespassing papers.. . "

This makes no sense to me. A criminal proceeding is a STATE action. A criminal proceeding is not commenced by the service of papers on an alleged offender by a private citizen. Please clarify what your statement means--perhaps you can tell us exactly what the papers said.

Kentucky CRIMINAL Statutes:

Kentucky Revised Statutes

511.060 Criminal trespass in the first degree.

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.

(2) Criminal trespass in the first degree is a Class A misdemeanor.

* * *

511.070 Criminal trespass in the second degree.

(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.

(2) Criminal trespass in the second degree is a Class B misdemeanor.

* * *

511.080 Criminal trespass in the third degree.

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(2) Criminal trespass in the third degree is a violation.

* * *

511.090 General provisions.

(1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so.

[NOTE: A tenant is entitled to the possession of the leased premises. Your friend was either a tenant in his own right pursuant to the oral agreement or your guest. If he was a tenant in his own right, he was legally entitled to the possession, use, and enjoyment of the premises and therefore entered and remained there lawfully. If your friend was merely your guest, he was still privileged and licensed by you--a person with the possessory interest in the leased premises--to enter and remain in or upon the property.]

Again, I don't understand the part of this problem where the apartment complex manager allegedly "served him with criminal trespassing papers."

What I mean by criminal trespassing papers is if he even walks on the street around the outside of the apartment, according to the papers, he will be arrested and charges of trespassing will be filed against him. But, isn't it criminal trespassing if the managers enter the apartment without giving any notice, walking right in one knock total? To make matters worse, this friend and another of his friends we invited watched "in person" as the manager entered into the apartment with absolutely NOBODY there, which I just found today that my Star Trek computer game CD is not anywhere in the apartment, I know I left it with all my other games on a CD tower, one of those big cases that 50-100 blank CD-R's come in. So with nobody there to see what they were doing, should I assume that they could have taken it? I searched my whole apartment when I got in from work today around 4:30 pm and it is not in the apartment anywhere! Please help me. My dad also thinks that these laws you all and even landlord tenant lawyers is spouting is nothing but bulls**t! What do you think?

My friend is sitting right next to me and the papers say that he is NOT allowed on complex property for any reason, not allowed to be seen close to the complex, which will be hard because the county library is moving to a location where he will have to pass right outside the apartment complex; and if any of these are disobeyed, he will go straight to jail, no questions asked as to where he was going, even to the library.

The complex can only uphold on their property. This type of complaint is normally used on trouble makers, we used similar things in Atlanta for the homeless, possible drug dealers and prostitutes to run them off from motels, bars and other areas they where hanging out, including apartments.

If the apartment manager believed someone was staying or living in your apartment against the rules of the lease ( lease normally states how many people can live in the apartment) they can enter your apartment.

Hello again, uncle:

So, you're the same guy who posted that he has a real big noise problem in this same apartment building.

Dude, how many times do you need to be hit over the head before you decide to move?? Sheesh!

excon

Quote:

Originally Posted by Fr_Chuck

The complex can only uphold on thier property. This type of complaint is normally used on trouble makers, we used simular things in Atlanta for the homeless, possible drug dealers and prostitutes to run them off from motels, bars and other areas they where hanging out, including apartments.

If the apartment manager believed someone was staying or living in your apartment against the rules of the lease ( lease normally states how many people can live in the apartment) they can enter your apartment.

I posted some of the relevant laws. Charging someone with a criminal offense is a STATE action. If the STATE accuses a person of a criminal offense, the STATE has the burden of proving beyond a reasonable doubt every element of the alleged offense.

To be convicted of the offense of criminal trespass in the STATE of Kentucky, the STATE must prove that the accused person KNOWINGLY entered or remained UNLAWFULLY in a dwelling (a place or residence) or upon premises. It is UNLAWFUL if the accused was not "licensed or privileged" to enter or remain in the dwelling or premises. It is KNOWINGLY if the accused had NOTICE (thus, knowledge) that he was not "licensed or privileged" to enter or remain, but entered or remained despite that notice / knowledge.

In legal terms, these are the mens rea (mental state), the actus reus (conduct), and attendant circumstance elements of the crime:

Mens rea: KNOWINGLY
Actus reus: enter or remain
Attendant circumstance: UNLAWFULLY (without license or privilege)
Attendant circumstance: dwelling or premises.

It appears that unclejohnny's apartment complex manager provided unclejohnny's friends with a NOTICE that they are not "licensed or privileged" to be on apartment complex property. Accordingly, if they enter or remain on apartment complex property AFTER being given this notice, it is much easier for the STATE to prove the mens rea element of the crime.

BUT, that simply begs the question. Did the apartment complex manager have authority in the first place to revoke the "license or privilege" of unclejohnny's friends to be in unclejohnny's apartment (a dwelling) or upon complex premises (hallways, sidewalks, etc.)?

Unclejohnny's friends were not homeless winos who were merely loitering on the premises. Unclejohnny is a tenant of one of the apartments. Unclejohnny is entitled to the possession, use and occupancy of the leased premises (the apartment at issue) and he is entitled to reasonable means of ingress and egress (an easment by necessity to use the sidewalks, hallways, etc, to enter or exit his leasehold estate). Neither the landlord nor his agent (the apartment complex manager) have any right to the possession of the dwelling that they leased to the tenant. It is the TENANT who has the legal authority to determine who shall be licensed or privileged to enter or remain in or upon the leased premises--NOT the apartment complex manager.

Suppose, for argument, that you rent an apartment that is located near a medical center. Suppose your mother lives in a distant town and has been diagnosed with cancer. Is it not your RIGHT to invite your mother to stay with you--as a guest in your home--while she is undergoing treatment at the nearby medical center? There should be no question that you--as the legal possessor of the leasehold estate--have the absolute right to determine who you will license or privilege to be a guest in your own home.

Likewise, at a minimum, unclejohnny's friend was a guest in unclejohnny's home. Unclejohnny gave his friend permission (the license and privilege) to enter and remain in UNCLEJOHNNY'S apartment. The landlord has no legal right to the possession, use and occupancy of UNCLEJOHNNY's apartment. The landlord transferred that right to unclejohnny when the landlord leased the apartment dwelling to unclejohnny. Thus, the landlord has no legal right to determine who may or may not be a guest in unclejohnny's leasehold estate. Accordingly, in my opinion, the landlord's NOTICE to unclejohnny's guest/friend that he is not "licensed or privileged" to be on the premises is ineffectual.

I disagree with your statement, "If the apartment manager believed someone was staying or living in your apartment against the rules of the lease ( lease normally states how many people can live in the apartment) they can enter your apartment." Again, I posted relevant laws. Except in cases of an emergency (e.g. fire; bursted water pipe) or when impracticable (e.g. tenant has abandoned leasehold estate and cannot be found despite best efforts), the LANDLORD MUST GIVE THE TENANT TWO DAYS NOTICE of the Landlord's intent to enter the leased dwelling.

The landlord cannot enter the leased premises for any arbitrary reason--he must have a valid, non-harrassing reason to enter, e.g. to make agreed upon repairs. A tenant may not withhold CONSENT for the landlord to enter if the landlord has a bona fide, non-harassing reason for entering. BUT, the legal fact remains: POSSESSION of the premises belongs to the TENANT and the landlord must obtain the TENANT's consent to enter the premises.

If the Tenant UNREASONABLY withholds CONSENT, then the landlord has two legal options:

1. The landlord can seek a court injunction to stop the tenant from unreasonably withholding consent for the landlord to enter for a bona fide reason. The landlord has the burden of proving to a court that the landlord has a bona fide, non-harassing reason for needing access to the leased premises and that the tenant is UNREASONABLY withholding consent. If the landlord meets his burden of proof, then the court will order the tenant to grant access to the landlord and will order the tenant to pay the landlord's reasonable attorney fees necessitated by the tenant's unreasonable refusal to give consent to enter.

2. The landlord can terminate the lease. However, this does not mean that the landlord is entitled to possession of the leased premises or entitled to enter the premises. If the tenant does not voluntarily surrender the leased premises to the landlord after the landlord terminates the lease, the landlord must bring an action against the tenant to recover possession. Self-help is NOT allowed. But, it should be noted, if a landlord has wrongfully terminated a lease, he is liable to the tenant for damages.

According to what unclejohnny posted, NO EMERGENCY existed when the apartment complex manager entered unclejohnny's apartment on two occasions. As noted, unclejohnny had already notified the apartment complex manager that his friend would be staying with him in his leased premises until his friend could find another apartment. The apartment manager AGREED.

As noted before, the manager's agreement can reasonably be construed to be an oral modification of the lease agreement's use and occupancy provision. Accordingly, it can reasonably be argued that unclejohnny's friend was not merely a guest in unclejohnny's leasehold estate, but rather a tenant in his own right.

Inasmuch as the apartment manager had already been informed that unclejohnny's friend would be living in the apartment and the apartment manager verbally agreed, there was no bona fide reason for the apartment manager to "inspect" the premises to determine compliance with the use and occupancy provisions of the lease agreement. The apartment manager was already aware of the facts and his decision to enter the leased premises without providing the legally-required notice and without the tenant's consent was pure harassment and in violation of the landlord-tenant laws of the State of Kentucky.

Accordingly, as NOTED before in my previous post--BOTH unclejohnny and his friend may have viable legal claims against the landlord for damages. Please review the notes placed after the relevant statutory provisions.

Quote:

Originally Posted by unclejohnny

My dad also thinks that these laws you all and even landlord tenant lawyers is spouting is nothing but bulls**t! What do you think?

I posted the relevant laws and made notes. Why would you claim the laws are "bulls**t" when all the laws appear to be in your favor?

It appears that you have sufficient legal grounds to terminate your lease and to seek pecuniary and nonpecuniary damages against your landlord. Please review the laws that I posted and consult an attorney.

Debra? That was a great deal of work that you put into your responses. Well done! However I have found that very often a person who is seeking legal advice here will not give us the entire story. For example, I sincerely doubt that unclejohnny's landlord revoked her permission to let his friend stay in the apartment because he spent his time there quietly reading books. I think it is very likely that he did something that caused the landlord to issue the warning and insist that he leave. While I agree that he apparently has an excellent case to claim constructive eviction by his landlord's failure to address his complaints, it is very possible that he (and/or his guests) may have done some things that caused the landlord's entry into the apartment to be justifiable based on the "emergency" excuse.

Quote:

Originally Posted by LisaB4657

Debra? That was a great deal of work that you put into your responses. Well done! However I have found that very often a person who is seeking legal advice here will not give us the entire story. For example, I sincerely doubt that unclejohnny's landlord revoked her permission to let his friend stay in the apartment because he spent his time there quietly reading books. I think it is very likely that he did something that caused the landlord to issue the warning and insist that he leave. While I agree that he apparently has an excellent case to claim constructive eviction by his landlord's failure to address his complaints, it is very possible that he (and/or his guests) may have done some things that caused the landlord's entry into the apartment to be justifiable based on the "emergency" excuse.

First, thank you for the compliment. I am not, however, giving "legal advice" to unclejohnny. We are discussing his situation based on the facts that he has provided, and I am stating my humble opinion that the laws APPEAR to be on his side. I am aware that perhaps unclejohnny has withheld facts that might change my opinion. And, of course, opinions will vary and that's why I will ADVISE unclejohnny to inform himself, read (and make an effort to understand) the applicable laws, and consult with a local attorney BEFORE he takes any action based on anyone's opinion voiced on this discussion forum.

In the absence of a true emergency--e.g. EXIGENT CIRCUMSTANCES that compel the landlord to immediately enter the premises to preserve life or property from imminent destruction--the landlord MUST give the tenant two days notice of his intent to gain access to the apartment dwelling. I believe the notice requirement requires ACTUAL notice which would allow the tenant an actual opportunity to withhold consent. Even when a landlord complies with the statutory notice provision, the tenant's consent is still required and the law provides the landlord with only two options if the tenant unreasonably withholds consent. If the landlord resorts to self-help to gain entry of the tenant's apartment without giving the required notice and without obtaining the tenant's consent, the landlord has violated statutory law and statutory law provides the tenant with a choice of remedies.

Even if Unclejohnny's guests were obnoxious, or interfered with the quiet enjoyment by other tenants of their leased premises, or their presence violated the use and occupancy provision of the lease agreement, the landlord still cannot resort to self-help in the manner in which he did (according to the facts provided by unclejohnny) by unlawfully entering unclejohnny's apartment and harassing his guests. The landlord must cite a material breach of the lease agreement, terminate the lease agreement, and demand that the tenant voluntarily surrender possession of the leasehold estate or sue the tenant in an action for possession. (In my state, a landlord may quickly evict a tenant from leased premises and obtain immediate possession through a summary eviction proceeding. However, if the landlord was not justified in evicting the tenant, the landlord may be liable to the tenant if the tenant subsequently brings a wrongful eviction action.)

Landlords must know the law and comply with the law or be held liable in civil court for damages when they violate the law and interfere with their tenant's property rights. That's one of the "inconveniences" of being a landlord. It is my opinion that unclejohnny's landlord resorted to self-help in violation of the tenant's property rights in the leasehold estate. Again, unclejohnny should read the applicable laws (I provided the links) and consult a local attorney to determine what he should do--if anything.

At the time that the entry happened, it was a Monday morning about 10am, and I was at work, so could not have answered the door. My guests, or other tenant and his lawful guest, was asleep because of staying up to do laundry. This morning I went and talked calmly with her, and she stated; "It's in the lease that if one of us knocks three times and nobody opens the door, then we can legally come into the dwelling unit." I have searched the entire lease and as it is written at the moment, it has NO SUCH CLAUSE! It also states in the lease that to modify the lease, a written notice has to be delivered at least 30 days before the modification goes into affect. She also told me that she DIDN'T send the maintenance guy over to deliver a complaint, that all she wanted to do was talk to me, and that is considered an EMERGENCY. As I was about to leave the office to find a lawyer, she told me to get my stuff and move out. NO eviction notice, just pack up and leave. Is that considered "Constructive Eviction"? Also, as of Sun. night, I have filed a trespassing police report on them, but I'm waiting until I get this lawyer's opinion before I file it with the court system.