Well this is embarrassing. I came home today to a note and an e-mail from my Landlord stating I've rendered my apartment uninhabitable.
"It has come to my attention the condition of your apartment is uninhabitable. Due to the condition in your apartment, you have rendered the living space unlivable. As a result, you are in violation of Lease Paragraph 9 & Additional Agreements & Covenants Section. If the condition of your apartment has not been rectified by 3/27/2017, we will serve you with a 10 Day Notice to begin eviction proceedings."
My place is pretty messy and gross - empty bottles, the bathroom is a mess, my couch is leaking black flecks off the leather, it probably smells like smoke, etc. I guess my question is 1: Can he do this (probably yes I signed the lease), and 2. Should I be concerned if my landlord is just going into my apartment willynilly?
We had inspections about a month ago, and the apartment was fine then, so I'm concerned he's come back in without warning.
Anyway, just wanted some insight into this.
And also if anyone has a suggestion for a quality cleaning service in chicago for studio apartments, I do not mind suggestions.
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They're probably well within their rights to evict, though surprise inspections aren't really legal (at least where I live), with the exception of emergency situations (a leak or something). Are there bugs? Or do you just have bottles/cans? Is it a hoarder situation (they may be trying to head off the pass before it gets too bad)?
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Are you not allowed to smoke in the apartment? You're likely going to be targeted in the future with more inspections. In my state they have to give you notice. It also could be they did the first inspection and then hit you with the notice later after they wrote up all the formal paperwork for it. The specks from your couch are fine, just clean up the clutter and throw away your trash/recyclables.
You (ideally) want to find a happy medium between these two examples.
I'd give it a good cleaning but be prepared for them to evict you anyway.
I got an "your apartment is too messy and we'll kick you out unless you've fixed it by [date]" at my old apartment once. I'm a pretty messy person and I was pretty worried about it. But it turned out that they were satisfied with me just picking up and throwing out trash. They didn't care about my laundry pile being too big or my kitchen being messy. So I would say, clear out all the actual trash but also maybe ask the apartment management what they are looking for specifically.
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"
Yes. Technically they haven't initiated any legal proceedings against you, just a heads up that they will if conditions aren't improved.
They'd also be within their rights to evict you for a violation of your lease. "Sanitary conditions" would be a pretty basic condition of habitability that it sounds like you might not be meeting (at least in the landlord's eyes).
You should be concerned if this is the case, but it's also not necessarily what happened. Your standard for "fine" and your landlord's standard are probably different, and it's entirely possible that it took a month for the paperwork to be finished from the inspection.
If you're interested in fighting it you could ask your landlord for specific documentation of violations, but it's probably in your best interest to just have the apartment cleaned.
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Yeah trash is the big one. When I was in my studio apartment in a high rise, I kept it spotless (mostly because I was only ever there to sleep and occasionally play vidyagames.) I had to keep it spotless, because even with no food left out, dishes immediately washed, and trash tossed out nightly, roaches would wander in to my apartment from other units in the building. I was paranoid about them getting into my food, to the point where even things like Doritos bags went into the fridge.
So yeah, please pick up the trash, it's not healthy and your neighbors will thank you.
You can't give someone a pirate ship in one game, and then take it back in the next game. It's rude.
So clean the apartment, primarily of trash, and you should be OK.
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"
"Howdy,
Sounds good I'll clean it up - do you happen to have a digital copy of my lease, I'd like to review it.
Additionally is this from the inspections a few weeks ago, or did you guys come in more recently - and should I expect you guys again on the 27th or will you be coming in every day until the apartment is cleaned?
Let me know,
Thank you, "
This was 22 hours ago. I have not heard back.
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just reading this it comes off as very hostile and passive aggressive.
Eh
I think It's worth paying to have it cleaned. The landlord offered a remedy to avoid eviction and having a clearly documented step like paying someone to professionally clean it is a pretty indisputable attempted remedy (and if they do evict you, it will shield you against them paying someone $hahaha to clean it and charging you $hahahahaha)
unless you can't afford it, then just clean it good and take pictures
Edit: also check your state laws, I don't think an inspection while you're not home is legal in any state unless an emergency was reported. Keep that under your hat though unless you're actually headed to court
Many states allow entrance for maintenance and emergency with varying windows of notice. It's 72 hours where I am right now. I've lived places with as little as 24.
And it doesn't ask what, specifically and itemized, triggered the unlivable conditions decision.
You may want to get back in touch with them, and be civil and get the information you need.
I didn't read that as hostile or passive aggressive. If they're threatening you with eviction without clearly explaining what their problem is, and they're possibly entering your home without your permission, then they can expect a little pushback, and you need to do what's necessary to make them clarify their position and assert your own rights to quiet enjoyment and privacy.
Edit: Leaving a vague threatening note on the door--that's hostile and passive aggressive.
Is the response.
Would a leak in the apartment below mine constitute an emergency that requires going into my apartment?
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Yes, probably (IANAL of course). Because something leaking through their ceiling is either coming from pipes in the ceiling or from the apartment above.
Yes, it would.
I've had six apartments over the years and in each of them I had a top floor unit so my apartment was entered when a water leak was reported.
Snag yourself a shower liner and some rings:
https://www.amazon.com/dp/B00ZPVGXNW/
https://www.amazon.com/dp/B00R5MJ3XQ/
You don't need a shower curtain, necessarily here, but you absolutely need the liner. Keep it in the shower. Keep it drawn at all times, this will help reduce mildew on it so you don't need to clean it as often. Edit: the Liner always stays in the shower. The curtain should go outside, but you need both, or, at the very least, the liner needs to be there.
Also pick up some matching mats to step on while you dry yourself off, if you don't have it already. Because water might still leak into the people below, since it appears your bathroom is poorly sealed and waterproofed. (common in apartments)
Next is to do some cleaning. Trash gets thrown away. Cigar butts thrown away if they're done, or put in an ash tray if they're not. Bottles and cans, if you can't recycle them, you should discard them too. This stuff attracts rodents and cockroaches, and other bugs. I assume this will take care most of the issues?
Your couch is fine, the surface peeling off is no big deal in terms of cleanliness.
Snag some of this and some rags/papertowels:
https://www.amazon.com/dp/B00FF5J0G0
start cleaning all the hard surfaces (floors, counters, toilets, tubs) Tubs/toilets might require a bit stronger bathroom style cleaners like so:
https://www.amazon.com/dp/B00J5HKEZA/
Go to town, get all your grime and soap scum out, make that shit sparkle.
Finally hit shit up with a vacuum.
Let them know "hey yeah, sorry about that I had some things I had to take care of and things got a little messy and I just haven't gotten around to fixing them, but I've gone ahead and fixed it all, feel free let me know when you want to stop by and take a look". You can't really be angry at them, they didn't seem to really pry into your apartment other than they're getting concerned for the state of things. I understand not wanting to clean, it sucks, no judgement here on that, I hate it too. Everything is legit, water damage is usually the #1 example people will bust out for just cause to entering an apartment. If it's on a ceiling of the person below you that means you're going to be the one they look at.
I think you can do this bro, take a day and get that in order and you'll be right as rain.
Plz get a shower curtain though, your showers will be so much more enjoyable and warm.
To give some context:
So the water pools on your tile and grout, but your baseboards are not equipped to hold the water. What happens is that the water eventually soaks into the wood and then down through the walls into the drywall of the floor below you. This causes a number of problems, the least of which is the aesthetic damage to the wall and paint, the greatest of which is pretty quickly occurring black mold which can and will spread through the drywall if the source of the water isn't mitigated. Beyond that, the pooling water will warp the flooring boards beneath your bathroom tile and eventually cause minor but noticeable structural damage (the tell-tale wooden squeak) which will lower the rent-ability and property value of the unit.
A minor leak, even if its only a drip over time, can cost a property owner thousands upon thousands of dollars of renovation costs to repair, and that's before any water damage to the property of the tenant below you. For multi-level structures, this compounds as things like electrical run through the same walls and floors as your water and, while most of that is insulated, water seeping through the drywall can also eventually make it's way into outlets and potentially cause electrical fires.
The mold problem can cause pretty major health risks over time, and given that spores can enter your home through your air vents in these sort of slow seepage cases, one might not know you have a problem aside from a minor, and usually adapted, smell and slowly increasing respiratory problems.
For all of these reasons, any sign of water is nearly always grounds for a landlord to immediately enter an apartment to ensure the health, safety, and welfare of their tenants and property. The good news here is that a shower curtain is cheap as far as essential household equipment goes. On the cheap you can get a shower bar for about $3 (if one isn't permanantly installed in your unit), rings (if needed) for about $5, and a shower curtain liner for only about $5 for a pack at most hardware stores. You don't need to buy something that looks fancy, just something that works.
Combined with your other concerns, I would 100% hire a company, take photos, and get before and after shots to protect your tenancy. It will cost you some money, but you have a documented trail of seeking remediation which will help your case if your landlord tries to evict you.
Please PLEASE take this as a lesson that even though it is "your" space it does have the capacity to impact others.
Also: it actually isn't "your space" but more one you are borrowing and have to give back exactly as you received it. If you are smoking in a non-smoking room, that is damage that requires replacing the carpets and (potentially) the drywall if the smoke ash is thick enough. If your trash bags cause a tile stain, that means they have to replace that tile. Your security deposit rarely goes far enough to cover the costs of such damage.
Respect the property and your landlord (should) respect you as a tenant and leave you alone. Abuse the property and the landlord will harass you until their losses are so significant that they evict you and (depending upon your state) send collections after your/get a lien against you for property damage.
well a little foul
sometimes it's really cold and you don't want to drag it to the garbage bin
but still ..
Dude...
I won't rag on you cause I'm also one to put things off, but you really couldn't have been surprised by this if this happened when you had the inspection.
I'm with the people that say to hire a cleaning service, just for peace of mind/record keeping.
https://www.amazon.com/Tender-Splash-Guards-4TT-WM-White/dp/B002RT7BH2/ref=sr_1_9_a_it?ie=UTF8&qid=1490308853&sr=8-9&keywords=splash+guard
Water gets everywhere yo.
Curtain Liner hooks, they are butt easy to put up, like 14 bucks at walmart. Go now.
You are not obligated to return the place in the same condition you received it. You return it in the same condition minus reasonable wear and tear. For an apartment with cheap tile or carpet that's going to get replaced every 5 years, if OP was there for a long time landlord should not be trying to chase him down.
If smoking is permitted smoking damage would be reasonable wear and tear.
Nothing about OP's apartment justified entering it without notice - I don't know of a state in which landlords aren't not required to give at least 24 hours written notice before entering your apartment. Landlord's excuse - the leak - is a good one if true but seems likelier that landlord is just upset at OP being a messy tenant.
What? The OP was showing without a shower curtain of any kind. It seems pretty fucking likely they were the source of the water damage.
These seem to be opposite things. Did you lie to your landlord?
Doing sustained water damage to a floor is not reasonable wear and tear.
Yes, the OP is definitely downplaying the fact that his apartment was just as filthy last time. Barring sudden depression or something, you don't just decide to let your home become uninhabitable in the span of a month. By "the apartment was fine" you just mean he didn't threaten to evict you that time? Probably because you lied to appease him. Funny how those decisions can bite you in the ass later on.
The landlord's excuse for entering is sound. You need to clean the apartment, put in a shower curtain and take steps to be more responsible with space you are renting. Alternatively, look for another place to live, like the notice says. Although it's going to be tough with that reference....
Sounds like I'm being a dick here, but I think you need someone to rip off this bandaid. You're going to be evicted because you literally have trash everywhere and are showering without a curtain and causing water damage below you. Grow up.
But fuck you — no, fuck y'all, that's as blunt as it gets"
- Kendrick Lamar, "The Blacker the Berry"