Quiet Enjoyment Trespassing Landlord?

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star27

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My boyfriend has had an overbearing landlord since July and is almost done with his lease but recently the situation has gotten much worse. The landlord walks into the unit almost every day.He is renovating the kitchen because he plans to live in the unit once it is fully renovated. Sometimes he brings friends to help him with the renovations. He never gives prior notice. This concerns me because my boyfriend never knows who is in his unit during the day or if they are trustworthy. Also since he is renovating the unit with nice things he wants for himself he has become overbearing. He has been putting new restrictions and rules on the use of anything that has been renovated. My bf is a resident physician and he likes to be able to watch his tv while eating but recently the landlord has been coming in daily to ensure that he isn't eating anywhere other than where he wants him to eat. None of these new rules are in the lease and comes up with new ones weekly and calls my boyfriend daily about them.

He also appears to come in just to check on things at least once or twice a day. He walks around the apartment. Upon learning that someone is there he'll say he needed the same book and he'll look at it a couple minutes and then leave. He also often leaves the door unlocked when he leaves which again I think is a concern because my bf never knows if his doors are locked while he is at work. I also don't like the idea of him snooping around without notice. I think my boyfriend deserves some privacy and its stressful for him to have a demanding job plus worry about this guy coming in at all hours day or night. He always just lets himself in, rarely knocks.

He tells my boyfriend where to eat, when to do the dishes, and where he can't put the kitchen appliances. My boyfriend is a resident physician and wakes up at 4 am. He gets phone calls about lights being on at 10:30 at night and emails about dirty dishes in the sink. He has a roommate and often times these aren't even his. He told my boyfriend he wasn't allowed to have guests, which is allowable in the lease, because there was a dirty dish in the sink. I think he is treating my boyfriend, who is a professional adult, like a child. I want my boyfriend to talk to his landlord. He is getting very tired and stressed about the situation but he's worried about not getting his deposit back, not getting a good reference, or the landlord taking some other retaliation such as eviction before he's ready to move out. What is the best thing to do in this situation.
 
The BEST thing for YOU to do is stay out of it!!!

It isn't your lease, therefore, it isn't any of your business.

You aren't married, thus you have no legal standing.

If you keep meddling, he'll get what he is trying to avoid, evicted!!!


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I'm not planning on getting involved.

Over the past couple days my boyfriend was more angry than I've ever seen him and about to go yell at his landlord several times which I know will get him evicted. I eventually convinced him not to do this and to think about what he needs to say and talk to his landlord about the situation sometime when he is not angry.

Since in the last couple days he asked me what I thought he should talk to his landlord about I am trying to help him figure out what he should say since he asked me. I decided to come on here and look for advice for him since I don't know a lot about law. I really would rather help him work this out soon rather then have him not talk to the guy and next time the guys says something to him he gets so angry he says stuff that he regrets. I saw some other posts where someone was asking for recommendations for a situation of a friend or family member so I did not think it was such a big deal. All I want to do is relay information on to him.
 
He is better off moving.

Come on, he's a physician, right?

What's a few bucks to a physician?

I'm a lawyer and would have been gone the first time the invasion occurred.

By the time he litigates this, his lease will have expired.

Just move already and enjoy peace and solitude.

But, if he wants to sue, he can bring an action against the landlord for violating the lease's entry provision.

Hire a lawyer and see what happens.

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Yes he's a resident physician so just starting and he doesn't have very much money saved at this point. The lease wouldn't be over and his rent is his entire military stipend so he couldn't get out of the lease and pay for another place with his income at this point. Additionally the military wouldn't pay for the move as they are paying for his move back to the mainland in July.

The guy again caused him problems today and I don't really think litigation is the answer but so far he's been so mad he's talked about suing the guy, yelling at the guy, or just stopping listening to the guy all together which I think would all cause more problems. After he calmed down today he came up with a good idea though to talk to a JAG officer in two weeks when he could get an appointment. I was not aware that he could do this but I'm hoping that if he is able to learn a bit more about the law he could approach the landlord in a civilized and calm manner and bring up the issues. Hopefully just discussing it could solve it without litigation.

I agree with you I thought the situation was weird from the beginning and I would have never moved in.
 
Your boyfriend has a lease. In this lease should be a clause outlining "quiet enjoyment" which gives tenants the right to enjoy their rental unit without having the landlord barging in for non-emergency purposes.

I've attached some information on landlord/tenant laws in Hawaii; please note (near the bottom) how much notice the landlord is to provide prior to entering the unit for non-emergency purposes:

http://www.tenant.net/Other_Areas/Hawaii/lantencd.html

Your boyfriend also needs to understand that a landlord cannot evict anyone. He can BEGIN the process of eviction but only a court can GRANT an actual eviction. If your boyfriend has paid his portion of the rent on time and has not broken any of the clauses in his lease, the landlord will have no power to have his eviction request granted based on his barging in anytime he wishes.

Gail
 
Thank you Gail that was very useful to know that only a court can grant an actual eviction. I think that gave him peace of mind.

My boyfriend ended up waiting till he was calm and approached his landlord. At first the landlord yelled and called him names but my bf calmly said that he was not yelling and would appreciate being talked to in a different manner. The landlord initially resisted saying that he gave them notice awhile back that he was fixing the bathroom. The bathrooms actually need a lot of work but he never has worked on the bathroom yet so my boyfriend pointed out that he has been coming in at all hours and for other reasons which he found unacceptable. The landlord agreed to only come in during the work day hours and no more early morning and late evening intrusions. He did send notice that he will be doing the renovations to the kitchen every day for the next three weeks. Other issues were worked out as well. While not fully resolved, I think things will be better.

I read over the lease with my boyfriend awhile back and don't remember the quiet enjoyment clause. The landlord has this lease but he really hasn't appeared to actually read it. He was unaware of many things in it. He also originally withheld keys from my boyfriend stating that he never had a problem with theft and to just leave it unlocked, I know this is illegal to do eventually this was worked out but at that point I would have probably not signed the lease myself. I knew this was going to be a bad situation but my boyfriend is from a small town and very trustworthy. He said in retrospect he should have realized and dealt with the problems earlier but I think he'll learn from his mistake.
 
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