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  1. #1
    Join Date
    May 2015
    Posts
    3

    Default Unreasonable Notice for Entry by New Contractor

    My question involves landlord-tenant law in the State of: West Virginia

    I rent an apartment, I've been here for almost the entire 1 year lease. Pretty good relationship with the landlord so far, rent always paid on time.

    Its an older building with a store on the first floor so we have a pest control contractor who comes every other month. I received an email from my landlord last night informing us that they were going with a different company to provide the pest control and that this new person would be coming on Friday (so 6 days or 7 days notice depending on how you look at it). I don't know this person, never met him, and I will be working 13 hours (as is my custom to work every Friday/Saturday/Sunday that the landlord is aware of), the email said that I need not be home, but any pets should be secured. I have 4 cats, 1 of which has demonstrated dog-like protective instincts regarding me and the apartment. She likes some people, but I simply cannot predict her behavior with a new person while I am not here with her.

    I responded to the email which had the pest control contractor copied on the email requesting a reschedule due to the fact that I am working. My landlord so far has not responded, however the pest control guy responded in the email merely copying and pasting the same information about the May 15th visit in a larger font (Quite frankly, I took it as him being a smarty pants). He obviously read my email.. So I wrote back in the email that I do not consent to entry on May 15th.

    My lease states the typical "reasonable notice", and breach of the lease for refusing entry. I'm curious what is considered reasonable. I have paid time off accrued through my job, however I require 2 weeks notice to take it.

    My primary concern is, I've never met this person, hes a new contractor with the landlord, and I have valuable computer equipment in my apartment, as well as the one cat, that I simply will not stress out by leaving her locked in a bedroom for 13 hours for this stranger to come traipsing through my home without my presence. Am I in the right? Is this reasonable? Obviously, if I'm not evicted for breach of the lease, this is a line in the sand for me and I certainly will not renew my lease when it comes up in the next couple months. Am I justified in considering this unreasonable notice? If push comes to shove would I have legal standing to break the lease?

    Thank you for reading.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Unreasonable Notice for Entry by New Contractor

    "Reasonable notice" for non-emergency events such as pest control is 24 hours. In this case, you've been given 6-7 days notice.

    And no, you do not have a legal standing to break your lease over this event.

    Why would putting your cat in your bedroom for 13 hours stress her out if she has food, water and her litter box all within her reach.

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Unreasonable Notice for Entry by New Contractor

    Quote Quoting Charger18
    View Post
    If push comes to shove would I have legal standing to break the lease?
    No.

    You are only entitled to reasonable notice that the service will be performed at such and such a date and time in the future.

    You've been given plenty of notice.

    You are NOT entitled to the service being performed at your convenience.

    It may be a hassle but if you want to control the situation and protect your cats, you either arrange to be there or have a trusted friend be there.

    That the landlord knows your work schedule is irrelevant. He is obliged to deal with the contractor's scheduling, not yours.

    You are free to relocate when your lease expires but I suspect you will have the same issues wherever you rent.

  4. #4
    Join Date
    May 2015
    Posts
    3

    Default Re: Unreasonable Notice for Entry by New Contractor

    Thank you for replies..

    As far as why it would stress her out, its a large apartment, 1000 sq feet, which shes used to having free range of, she has a personality that would not appreciate being confined to one room. As far as trusted friends, they all work the same shift I do unfortunately, I moved to this area for the job, I don't know people outside of work. As far as the same issues no matter where I rent, honestly I'd hope wherever else I rent wouldn't have the reoccurring roach problem to begin with. The store downstairs is a computer repair store, I've suspected from the beginning thats where they're coming from, as a certified computer repair tech myself, I'm well aware how much roaches love the inside of computers. Half of the tenants in this building are my co-workers. I spoke with one of them, shes an older lady whos as upset as I am about a stranger coming into her home while shes at work, she said she was going to call the landlord too, hopefully they will reconsider the scheduling.

    There are other reasons why I've been considering not renewing the lease, but they're not really part of this concern. The landlords are semi-absentee, they live out of state, and their maintenance "team" is an older boyfriend/girlfriend. They are slow as hell to get anything done and the work that is done is shoddy. Have a window that cracked from age (no I didn't break it, its a window that I've never even used) the replacement is just sitting in the hallway, hasn't been fixed yet, was told when I moved in that they'd be adding laundry facilities on site, hasn't happened. They covered up the beautiful natural wood floor in the hallways with this stick on vinyl faux wood stuff thats already falling off rather than refinish the floor that is there, the landlord at my request approved a cabinet installation in the kitchen that I've provided that still hasn't been put up, etc.

  5. #5
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Unreasonable Notice for Entry by New Contractor

    "There are other reasons why I've been considering not renewing the lease, but they're not really part of this concern."

    You are correct; so why bring this up?

    Gail

  6. #6
    Join Date
    May 2015
    Posts
    3

    Default Re: Unreasonable Notice for Entry by New Contractor

    No reason other than I like to talk I suppose. The landlord is going to reschedule 2 other tenents expressed the same concern.

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