My current lease expired in February of 2006. My landlord told me on July 6, 2006 that I am now on a month to month lease. He never asked me if I wanted to renew my lease. Then He tried to enter my apartment without my consent for the building inspector. He says that he does not have a key so he could not get in. I explained to him that it is just my daughter and I living there and I perfer if he told me when he wanted to get into my place so that I could be there in case of an emergency. My apartment was broken into a few days before Christmas of 2006 and he never bothered to call be but he gave my phone number to the police. So now, he tells me that he is going to serve me with a 5 day notice if I don't get a key made for him. What can I do?
1 Answer from Attorneys
Well, the first thing to do is read your lease. While you may be on month to month tenancy now, the terms of your former lease apply to your tenancy. What rights does the lease give the Landlord to enter your apartment? Does he have to give you notice? If so, oral or written. Do you have an obligation to give him a key? What does the lease say -- probably nothing. Also are there rules and regulations regarding Tenant's conduct? Is so, read them. Landlords usually have the right -- subject to what the lease says - to enter an apartment for inspection purposes but usually only after notice. Usually 5 day notices only apply to to failure to pay rent. And then you have a right to cure. If you get served with a 5 day notice read it carefully.
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