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  1. #1
    Join Date
    Aug 2009
    Location
    Provo, Utah
    Posts
    4

    Smile My Maintenance Man Broke into My Apartment, Can I Leave

    My question involves landlord-tenant law in the State of: Utah
    (Provo City)

    I had an incident with the landlord not fixing my swamp cooler for 3 and a half months. Is that considered due diligence? Or is that itself a breach of contract?

    Also once it was fixed I dead bolted the door and got into the bath (I am 8 months pregnant and had been in the hospital the night before because of how sick the heat was making me so I got in the tub to cool off)
    One of the maintenance men apparently left his tools and I guess they knocked but I didn't hear as I was in the tub with music playing. Anyway in between songs I heard a noise so I got out and threw a towel around me (I was home alone at the time) and I caught my maintenance man climbing through my window into my apartment!! (He also busted up the blinds as he climbed through) When the door was opened one of the ladies from the office was standing on my porch with an officer (she told them in my lease they had a right to break in my window)

    Is this legal? In my contract it says they can enter at any time with a "duplicate or master key" but it is obvious I am there since they couldn't get in with the deadbolt.

    They told the police they legally could come in any way they wanted, whenever they wanted cause it says they can come in at any time... but is that right?! When I challenged them with this they told me, and the police that they did not have a master key and somehow they were justified in breaking in through my second story window.

    However, I happened to keep a paper they left me a couple months earlier when they fixed a disposal problem in my sink. It shows the time they came and everything and I was at work! To me this proves that they do in fact have a master key so they knew I was in there and still chose to climb through the window to get around the dead bolt (I live on a second story floor so they brought out a ladder and everything) I want to know if this is a breach of contract and I can just move out or what. I don’t trust living here with maintenance MEN coming in whenever they want, however they want, without permission.

    I have tried to talk to the office for over a month (through e-mail and on the phone) but they just give me the run around. A police officer said I could get his sergeants statement saying the police were told by them that they could come in that way, and that they did in fact go through the window.

    Please let me know if both how long it took to fix the swamp cooler and the break in are in fact breaches and how the best way to go about moving out! Thank you so much!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Maintenance Man Broke into My Apartment, Can I Leave

    Can you break your lease because, on one occasion with a police officer present, the maintenance man entered your unit to recover tools that were accidentally left behind during a repair earlier in the day? I think it's exceptionally unlikely that a court would accept that excuse.

  3. #3
    Join Date
    Aug 2009
    Location
    Provo, Utah
    Posts
    4

    Default Re: My Maintenance Man Broke into My Apartment, Can I Leave

    He BROKE into my window using a ladder. The police officer was LIED to and the maintenance man told him that he had a right (because the lease said, which it doesn't) That he could come in at any time by any means and he also LIED and said he didn't have a master key. I have proof they have used a master key before. ALSO the maintenance man NEVER called me or anything he just decided since it was dead bolted he could BREAK IN THROUGH THE SECOND STORY WINDOW!!! the sargent (police officer that was there) is the one that told me he thought I should go to court about it. he also told me if it was found in my favor he would get criminal charges pressed on them to for lying to the police!!!

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