Worried About My Cats Safety!

[chwx]

My fiance works 3rd shift atm (Rotates 1st, 2nd, 3rd every month) and I normally swap my schedule with his since I don't work. Every 2nd Thursday we are offered pest control services included in our apartment lease. Normally it's just the Orkin guy and if nobody answers the door, they move on to the next apartment.

I unfortunately forgot which day it was and this morning both of us were in bed. My fiance woke up to a knock on the door and him jumping up, woke me up. Another knock on the door and he gets up to go put some clothes on and see. As he walks towards the door, it unlocks and starts to open!!! Not only was pest control there, the guy who works in our apartments office came in. No notice whatsoever and he is unlocking our door/coming inside!! Not only that, he starts walking around the apartment taking notes of some sort! (Which I was horrifically embarrassed he was there. Orkin man knows my house is normally very very clean but today it was a mess and the cat box stunk from this crap litter I recently swapped to. Office guy does NOT know this!) These weren't notes about Orkin, these were notes about my apartment. Wth! I have no idea what they'll be used for either and I'm scared we could get evicted for looking like slobs. :/

Now what I'm most worried about is the fact they obviously have no intentions of giving us a notice when someone is coming into our place. Oliver darts out the door if we aren't extremely careful and I'm so scared that the office guy will come in at some point with nobody home and get out! I mean, I doubt he's going to take the time to run after my cat if he escapes. :/ I don't know what to do! Bad enough to worry about valuables being stolen but (most) of those can be replaced. My cat cannot. We live very close to a busy road; I just lost Pinballs feral sister (Part of the colony I feed, not a house pet despite my trying to catch her and make her one) on this road. I broke down driving by her...I can't imagine coming home from the store and seeing Ollie on the road. Even if it isn't a car, he's declawed and has no real defense against another animal. I'm just a bit shocked over all this. What would you guys do??

 

[fhicat]

Check your lease terms. Most places gives the landlord the right to enter the tenant's house for routine or urgent maintenance. They of course have to announce themselves and knock several times first before entering (two to three times seem common). From what you described, they did follow procedure.

HOWEVER. You may have certain rights as a tenant not listed in your lease terms. Check with city hall. By law, you should receive a copy. I don't know how is it where you live, so I'll give you what I know about my city.

If I were you, I would see if I could decline the pest control services included in the lease agreement. You may have to do this in writing, if this is something you can live without. 

You may also be able include a clause that you do not consent to the landlord entering your apartment without you being home. This means that as long as you don't open the door, they cannot legally enter your apartment.

Unfortunately, what happened recently sounded like something that is completely within their legal rights. I would talk to management, bring up your concerns, and see if you can do one of the above -- especially the consent to enter without you being home. 

 

[chwx]

Tenant agrees that lessor or lessors authorized agent may enter the premises in case of emergency, to make necessary or agreed upon repairs or improvements.

Tenant shall allow lessor, lessors representative, maintenance staff member or provided contractor to enter the apartment when maintenance request has been made.

^ Only two things I could find in the lease about them entering. This certainly was no emergency nor were any repairs needed/requested. He came to snoop through my apartment and take some sort of notes, I assume about the conditions? Which quite frankly, is none of his business at this time. If there is something to be dealt with as far as damages to the apartment (ie. the walls, floors, ect) that will result in charges, it should be taken up next January when our lease is up. Not now. Hell when we first moved in they took almost 2.5 weeks to fix my leaking toilet and allowed mold to set into my closets carpet because of it. And that was an emergency and a request and they STILL wouldn't come out and do anything until they got sick of me calling! We also discussed prior to ever moving in or even signing anything, the option of pest control which we were told was optional. I actually have a neighbor who complains they WON'T enter her apartment and spray when she is gone. (Which is just about every time he comes around because of her classes)

I have no objections to my house being sprayed. Even though I asked originally because I didn't want it done, living here I've learned it's a necessity and allow for it. Though NORMALLY if we aren't home or we don't answer, nobody comes barging in. This was a first and we've lived here for 5.5 months. I just don't understand what rights the guy at the office had to come into my apartment with no notice when there was NO reason for him to be there. Which is why I'm so worried now that he will come in as he pleases without a reason to be here and end up letting out Oliver. I thankfully have no worries about Pin getting out since he's terrified of anyone other than Dustin or myself, so he hides within the box spring of our bed when someone comes in. Oliver is much more friendly and much more out to explore.

 

[fhicat]

Give them written notice that you do not consent to them entering your apartment without you being home. Even if it's optional, if you didn't decline it, they will assume you agree to it, which makes it a routine maintenance, which makes it okay for them to enter your apartment every 2nd Thursday, after knocking.

Is the office guy a dirtbag for doing this? Sure. Not gonna get an argument from me. But he can do it, because you haven't told them that they cannot, and he operated within "reasonable"  boundaries (reasonable in the eyes of the law).

Hell when we first moved in they took almost 2.5 weeks to fix my leaking toilet and allowed mold to set into my closets carpet because of it. And that was an emergency and a request and they STILL wouldn't come out and do anything until they got sick of me calling!  

In most, if not all, states, you have the right to withhold rent until repairs are done. 

 

[denice]

Each state is different but where I live they are only supposed to enter without notice in case of emergency.  Other than for emergency they are supposed to give 24 hour notice.  I know when I call in a maintenance request they always ask if they have permission to enter if I am not home.  

 

[Draco]

Each state is different but where I live they are only supposed to enter without notice in case of emergency.  Other than for emergency they are supposed to give 24 hour notice.  I know when I call in a maintenance request they always ask if they have permission to enter if I am not home.  

Same here. They actually gave me a notice two days ago recently saying they'll be entering apartments to check carbon monoxide and smoke detectors today. I worry like heck that they'd leave the door open.. but I am sure they are smart enough that if they see cats (or sign of cats), they'd shut the door. Normally I'd bring one cat with me to work while they do this, but I just did not have time between jobs to grab her. At least with written notice, I was able to clean up!

If you are concerned, I'd talk to the property manage and express your concerns. I am sure they'll understand.

is it a residential apartment? building/complex company owned?

 

[fhicat]

I worry like heck that they'd leave the door open.. but I am sure they are smart enough that if they see cats (or sign of cats), they'd shut the door. Normally I'd bring one cat with me to work while they do this, but I just did not have time between jobs to grab her. At least with written notice, I was able to clean up!

My landlady is nice -- she has a bulletin board with a diagram of "Houses with Cat(s) -- Exercise Caution When Entering!" for maintenance people.

 

[jodiethierry64]

Each state is different but where I live they are only supposed to enter without notice in case of emergency.  Other than for emergency they are supposed to give 24 hour notice.  I know when I call in a maintenance request they always ask if they have permission to enter if I am not home.  

This is a law!!!
The landlord or maintenance just can't let themselves in whenever. Hell that puts them at risk of a disgruntled tenant claiming they have stolen things.
That aside, unless it's an emergency, they have to give 24 hrs notice. You have the right to be there. Not only is this a law in my state but I've watched enough court shows yo know it's a law everywhere!!!!!

 

[chwx]

Each state is different but where I live they are only supposed to enter without notice in case of emergency.  Other than for emergency they are supposed to give 24 hour notice.  I know when I call in a maintenance request they always ask if they have permission to enter if I am not home.  

Found out this is our law as well. They do not check smoke detectors or anything, it's in our lease that that is our responsibility. After talking to people in our building as well as others, nobody is sure why he was there and just about every one of them is angry. A neighbor in the building in front of ours said they walked in without knocking while she was asleep. (Doorbell doesn't work and she has a sign saying it doesn't) She woke up to two men in her home. Scary scary scary!!! And lucky for them, her large dog is friendly! My neighbor who's been here for 3.5 years said he has NEVER had anyone but pest control come. Very strange situation all around. Some are going to be calling the corporate office to complain.