Help, City of Gresham wants to inspect my home against mine and my landlord wishes.

[thewhitebuffalo83]

Here is the quick and dirty.

About a week or so ago my wife and I received a notice from the city of Gresham about some new law and we were chosen for an inspection of our home. The new law is something along the lines of they just want to make sure we are living in safe living environment and that the landlord is responsible for any fixes. My wife, father in law (landlord) all agreed this is a waste of tax payer money. Our house was built in 2005 there is no reason for the inspection.

In the notice it gave us a couple options, 1 let them enter our home with us there and 2 alow them to enter without us present and both options said something about not filing trespassing charges. There may have been a third option I don't remember. I do remember that there was nothing about us having the ability to say no thanks. My wife and I tossed the notice (our mistake)

I found out late last night that they are making my father in law let them in on Tuesday at 10am without our consent or us being there. My father in law says he tried everything he could to avoid this and I believe him.

Unfortunately now I have no time to figure this out. As far as I know we have no written agreement with my father in law about him entering the house without us there.

Is there anything I can do to prevent this from happening on Tuesday. Obviously, my father in law has a key and is being forced into this. I am planning on contacting a lawyer but I won't be able to do that until Monday morning.

This is an invasion of privacy, I don't know a lot about laws but I'm sure this is covered under The Bill of Rights and the Constitution, but I don't know where to start. I will look up as much as I can tomorrow while my wife is working.

Any help is greatly appreciated.

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[thewhitebuffalo83]

I'm sorry, I guess that wasn't quick

 

[wichaka]

If I was your father in-law, I would make the city prove that there is a "safe living environment" issue. If they can't come up with a reasonable cause, I would tell them to pound sand.

This is the kind of thing that gets passed and no one makes a stink about it. I guess our society is...as Pink Floyd states...Comfortably Numb.

 

[jbett98]

A landlord has to give a 24 hour notice to enter, unless there is an emergency that requires him to enter without your permission.
I first heard of this new law from a friend of mine that rents a house near me.
He asked me to fix a couple of issues that the City of Gresham inspector found.
If the inspector finds any problems, the landlord has a certain amount of time to repair the issues , then the city inspector will return to re-inspect the rental for compliance.
This law was enacted to clamp down on the slumlords that rent out sub standard housing to our friends that migrated North.
One way you might dodge this inspection is for your father-in-law to state that it's not a rental, because you are buying the property on a private contract.

 

[Kevinkris]

the "land lord" does not have the authority to allow people into the home without your consent, this is part of renting laws that have existed for a long time now. if you pursue action he will have to be part of any actions you take against what happened. if i were you i would still be raising this issue to see to it that this wont happen any more. without a warrant no one is permitted to search your home without your consent outside of any contractual agreements.

 

[ZA_Survivalist]

Stand your ground. Id fight it tooth and nail. Make it impossible to enter. Change the locks, barricade the doors and windows.

 

[U201491]

Tell them to produce a warrant and you are prepared to let your attorney take them to task !
this is 110% bullpucky !
If they enter without probable cause of a crime it is B&E.

 

[jbett98]

the "land lord" does not have the authority to allow people into the home without your consent, this is part of renting laws that have existed for a long time now. if you pursue action he will have to be part of any actions you take against what happened. if i were you i would still be raising this issue to see to it that this wont happen any more. without a warrant no one is permitted to search your home without your consent outside of any contractual agreements.

As a tenant, you are entitled to exclusive possession to your rental unit, which means that you have the right to privacy. However, Oregon law also says that landlords have a strict duty to rent only units that are "habitable" — or in a safe, sanitary and functioning condition. Landlords must make repairs when a rental unit becomes uninhabitable or otherwise needs repairs. To make these repairs, your landlord may enter your home with the appropriate contractor or repairperson. Landlords also have the right to inspect your home from time to time to ensure that the apartment is in sound condition. Finally, landlords also have the right to sell the rental property or rent the property to others. To that end, under certain conditions landlords may allow potential tenants or buyers to inspect the property.

To help balance a tenant's right of privacy with a landlord's duties and rights, there are rules about when and how landlords can enter your unit. First, landlords always have the right to come onto the rented property — but not into the dwelling unit itself — to give notices permitted by law or the rental agreement.
Another general rule is that your landlord must give 24 hours' advance notice before entering your home. There are some exceptions to the 24-hour rule. In an emergency — such as a fire or burst water pipe or other problems that may cause serious damage if not dealt with immediately — a landlord may enter the unit without permission. If your landlord makes an emergency entry when you aren't home, he or she must tell you within 24 hours what the emergency was, when it happened and the names of the people who entered.

Another exception to the 24-hour rule occurs when you ask in writing for specific repairs. Unless your notice lists specific times when your landlord and the workers can enter, the landlord generally has a seven-day period to make the repairs without giving you any advance notice. After seven days, unless your landlord is still reasonably working on the repair, your landlord must give 24 hours' advance notice before coming into your home to make the repair. If a repair person is someone other than the landlord, you can ask to see written authorization from your landlord for that person to come into your unit.

Another exception to the 24-hour rule is if you and your landlord agree that less notice or no notice is required before a particular entry. This agreement can only cover that particular situation; it does not mean your landlord can enter with less than 24 hour notice in other situations.

 

[rick benjamin]

City of Gresham : City : Rental Inspections

 

[U201491]

Beware people this is how libs do things. First this then you will be told to wear an arm band marked conservative or patriot and to get a tatoo on your forearm.
What a crock of _______ YOU FILL IN THE BLANK.

 

[Oregonhunter5]

I'd leave a dogbubblegum pie covered in whip cream. Leave a note stating your happiness that they are looking out for your needs cause lord knows the sheeple need someone to hold there balls for them everyday.

 

[jluck]

If I was your father in-law, I would make the city prove that there is a "safe living environment" issue. If they can't come up with a reasonable cause, I would tell them to pound sand.

This^^^^^

Your FIL can tell them to get bubblegumed! I would have him (FIL) tell them (organized criminals), tenant (you) will not let them in and will protect your privacy with any means necessary.
I have a hunch a slick wordsmith has your FIL bamboozled to some sort of loose commitment. There is no way this is legal or Constitutional.
Someone is going to have to find there backbone for this crap to cease.

EDIT.
From the mob's website
Tenants will be provided with notification of a scheduled inspection and asked for consent to inspect the unit. As part of the complaint process, tenants can submit a complaint to the City and access online resources to learn more about tenant rights

 

[Phrank]

Change the locks before Tuesday.

 

[jbett98]

Failure to comply with the city inspection will result in a fine levied to the owner of the property.
Your father-in-law can try and fight this, but at the end of the day, the city usually wins because they are using your tax dollars to fight with.

One of my favorite stories regarding a crooked landlord and a tenant in San Francisco was about taking his apartment building landlord to small claims court, because they refused to reimburse his cleaning deposit after he moved out.
They claimed that because he didn't clean under the fridge (the unit was otherwise spotless) they didn't have to give him any money back.
The owner had many complaints on record of these types of scams.

The building owner didn't show at the small claims hearing and none of the following court hearings.
3-1/2 years later and 5 no shows by the building owner, a very frustrated judge awarded the young man the property in lieu of damages.

 

[thewhitebuffalo83]

This^^^^^

Your FIL can tell them to get bubblegumed! I would have him (FIL) tell them (organized criminals), tenant (you) will not let them in and will protect your privacy with any means necessary.
I have a hunch a slick wordsmith has your FIL bamboozled to some sort of loose commitment. There is no way this is legal or Constitutional.
Someone is going to have to find there backbone for this crap to cease.

EDIT.
From the mob's website
Tenants will be provided with notification of a scheduled inspection and asked for consent to inspect the unit. As part of the complaint process, tenants can submit a complaint to the City and access online resources to learn more about tenant rights

My FIL is a very smart man, no wordsmith talked him into this. He is also rather Connected through out the community, I'm positive he already talked to more than one lawyer. My wife said he tried everything in his power to keep this from happening. I realize this isn't really the case, but his hands are tied and he doesn't want to fight in court.

 

[thewhitebuffalo83]

Does anyone know where to find the state laws dealing with rental properties and renters rights. When I get my computer back tomorrow that is the first thing I will look for.

 

[jbett98]

Tenant Rights, Laws and Protections: Oregon

 

[wichaka]

There should be a landlord-tenant act for Oregon somewhere on the net. But I would think the city would need to have cause before they could force the property owner into an inspection. I can't see this as being a random thing. I would be asking the city questions.

I would call the city and ask questions about this law they passed. Don't tell them your situation, just get the facts of the matter and how the law is applied.

 

[drew]

There should be a landlord-tenant act for Oregon somewhere on the net. But I would think the city would need to have cause before they could force the property owner into an inspection. I can't see this as being a random thing. I would be asking the city questions.

I would call the city and ask questions about this law they passed. Don't tell them your situation, just get the facts of the matter and how the law is applied.

If I was the owner and the city had no reason to investigate, I wouldn't allow an inspection.

They need a reason to investigate private property. Merely renting property doesn't satisfy that requirement.

 

[U201491]

City of Gresham : City : Rental Inspections

This

Tenants will be provided with notification of a scheduled inspection and asked for consent to inspect the unit.
Say hell no, get the hell out.