this is taking place in Montana in an apartment i have rented since 2003. i am an otr truck driver and am often gone for several weeks at a time.
there is access to the sub-basement thru my apartment and the landlord needs access to maintain and repair the boiler and hot water heaters.
in my lease, it mentions that the landlord can access the subbasement thru my apt without a 24 hour advance notice in the case of an emergency. Montana code states the landlord can enter an apt with out 24 hour notice in the case of emergency. it also states under normal circumstace the landlord has to give a 24 hour notice to access,
but the code doesnt state they have to notify the tenant if they go in for in emergency ,say, within 24 hours?
i have read the codes and NOT found any mention that the landlord MUST notify me that my apt was entered due to an emergency. the law seems to leave that part out. Most of the time, they do not even leave me a card on the door saying they were there. Normally the way i conclude they were in there was that my boots and shoes are tossed out of the closet so as to gain access to the sub-basement. a year and half ago i verbally ask the manager to notify me that they were going into my apt for an "emergency". she said she would, but i have yet to receive a phone call that they were going in. they typically only go in to do routine "emergency" checks and incase someone calls and says there is not heat. when i have been there i have had them just come, knock on the door, and say hi, i want to check the boiler. so in their mind, they dont have to give 24 hour notice for routine checks either.
they installed a new boiler last fall, when i returned i found a dusty outline of where a workman had sat in my red leather chair. so i am now pissed and have had enough.
Unfortunately, i have not kept good records of all this. possibley i could get a restraining order against them for wrongful entry, if so, it may cause them to put an exterior entrance to the sub-basement. which would tickle me to no end. But how much proof would i need to get a restraining order against the landlord for this?
i am in the process if writing a letter to the landlord, stating my problem with them just entering my apt and not even telling me they have been there, for an emergency or otherwise. i would not say i am considering a restraint to entry in the letter, but what might be good to say in the letter. i believe the landlord thinks she is within the law, based on how it is written and the clause in the lease.
let me know, thanks.