Right To Access vs. Right To Privacy

[lowens1975]

What is the name of your state (only U.S. law)? Florida

I've been living in this apt. complex for five months. On the first Wednesday of each month, the pest control person makes his rounds.

The first two times I wasn't expecting it and he just used a pass key and walked in. I never heard him knock.

The third time I heard something in my apartment, got up to look and he was standing in my kitchen. A female assistant was standing in the front doorway with the door wide open. He was told emphatically that he was not to just let himself in. He says he knocked. If I heard him walking around in my kitchen, stands to reason I'd hear him knock. He tries to use the Property Manager as an excuse as to why he does that. I tell him (as nice as I possibly could) that I do not want him just 'walking in' and I don't care what the property manager wants. I tell him he needs to just pass on my apartment.

This morning, again, NO KNOCK, he uses his pass key. The only thing that stops him is the security chain on the door.

I'm getting tired of this. I live alone and it makes me nervous this guy not respecting my privacy and he doesn't knock, I don't care what he says. If you're going to just use a key and walk in, you'd better pound on a person's door. I think he would get a thrill walking in on somebody that was half-dressed.

What can I do????

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Florida

I've been living in this apt. complex for five months. On the first Wednesday of each month, the pest control person makes his rounds.

The first two times I wasn't expecting it and he just used a pass key and walked in. I never heard him knock.

The third time I heard something in my apartment, got up to look and he was standing in my kitchen. A female assistant was standing in the front doorway with the door wide open. He was told emphatically that he was not to just let himself in. He says he knocked. If I heard him walking around in my kitchen, stands to reason I'd hear him knock. He tries to use the Property Manager as an excuse as to why he does that. I tell him (as nice as I possibly could) that I do not want him just 'walking in' and I don't care what the property manager wants. I tell him he needs to just pass on my apartment.

This morning, again, NO KNOCK, he uses his pass key. The only thing that stops him is the security chain on the door.

I'm getting tired of this. I live alone and it makes me nervous this guy not respecting my privacy and he doesn't knock, I don't care what he says. If you're going to just use a key and walk in, you'd better pound on a person's door. I think he would get a thrill walking in on somebody that was half-dressed.

What can I do????

Not much if management sent you a letter stating pest control would be making their rounds. However if they didn't, than you have every right to deny entry, even calling the police if someone is in your residence.

 

[justalayman]

well, it would appear the chain is all it took to actually prevent him from coming in. There are door bars that wedge underneath the handle that would prevent the door being opened at all that might give you a bit more sense of security.

Have you addressed this with the landlord?

 

[lowens1975]

To address both answers:

1. They send out a newsletter at the first of the month that contains a calendar. The buildings that the pest control person is scheduled to service is indicated on the calendar.

2. No, I haven't brought it to the attention of the Management office. During the visit I found him in my kitchen, he told me he would skip my apartment on his next visit, that I could decline the service if I didn't need it. And I don't need it. I thought I had made myself clear during that conversation.

 

[landlord51]

"first Wednesday of every month" sounds pretty exact to me. How predictable is the time slot s/he arrives? Does the exterminator's arrival time vary?

Sounds like your landlord cares a lot about you not having bugs!

Just out of curiosity, what would be a more ideal situation for you in having preventative pest control done? I'd love to hear how it would work best to accommodate you and your needs. Having it delivered this way I don't know, but I would love to know what would meet your expectations (or exceed them even!).

 

[justalayman]

not trying to make excuses but maybe it slipped his mind. Anytime you have a complaint or, in this situation, an alteration to a service, put it in writing and send copies to all that may be involved. In this case, I would provide one copy to the bug guy, one to the LL, and if there is any other person or agency involved in the situation, one to them as well.

It may not be up to the bug guy to skip an apartment. He is hired by the LL to perform work so it is ultimately up to the LL. Most apartment units I have seen would not allow a person to stop the service. Since all the units are connected, it is important that all units be treated. If your neighbors is and yours not, the bugs could simply migrate to your unit to avoid the treatment on the other side of the wall.

 

[landlord51]

yes and particularly ants can do this. I just got an ant infestation under control by the exterminator in my own home but it took several visits and he had to hit the house at different angles and locations to finally get it. They were the small kitchen ants and just gross and invasive and they come out this time of year but tough to control. I've also had carpenter ants that are difficult and took months before they were gone. And I see the OP is in Florida - and I know in southern Florida anyway Fire Ants are a major problem and get get into structures easily - so I wouldn't mess around down there.

I love when people reference the proverbial shower scene - someone is ALWAYS waltzing in when they're getting dressed or just out of the shower. It would be just too difficult for OP to take shower at say 7am on the first Wednesday of every month before arrival of exterminator. Too much to ask OP.

I have contracts with 3 exterminator contractors for all of my properties to treat for different kinds of pests and not one of them will come before 9am. I think a shower before 9am OP will be safe from the predatory eyes of those exterminator men!

 

[LdiJ]

All the responses are good here...but they neglect just one important issue.

The idiot exterminator is NOT knocking before entering with his passkey. I would be making some major noise with my landlord over that. The guy should be knocking on every single door and allowing the tenant enough time to answer the door before entering with his passkey.

He is simply trying to hurry through the job and doesn't want to add the minute or two at each door to allow a tenant time to answer the door. That is not acceptable.

 

[landlord51]

Good point - least of all this tenant could report her complaint with management / landlord. As a landlord I am always on the phone with the exterminator over this stuff, especially trying to pinpoint a time with them = extremely hard. So often times it's not management's fault complaint is not being heard. This tenant could also post a sign on her door stating she does not allow access for extermination or post directions like "knock loudly before entering" or "call this cell phone before entering" - if there's a sign not allowing entry then the exterminator will absolutely comply with that. But if there is an existing bug problem or a spreading one in the building already and she blocks access that might put her on the unpopular list with other tenants or lease non-renewal, etc.

 

[lowens1975]

All the responses are good here...but they neglect just one important issue.

The idiot exterminator is NOT knocking before entering with his passkey. I would be making some major noise with my landlord over that. The guy should be knocking on every single door and allowing the tenant enough time to answer the door before entering with his passkey.

He is simply trying to hurry through the job and doesn't want to add the minute or two at each door to allow a tenant time to answer the door. That is not acceptable.

Thank you. I got a call about an hour ago from the management office. They wanted to know why I 'refused'. I didn't refuse. I went to the door AFTER he met with the chain, (and I heard THAT just fine) opened it and no one was there! He left when he got met with the chain. He didn't bother to hang around and knock after he got met with a chain on the door, obviously spraying is not that important.

I went to the office and explained them that he is not knocking. It's funny that I hear when friends or maintenance knock, but I don't hear him. I don't think they believed me. So fine. I'm setting my alarm for next month, I'll get up and go out to my car that's parked out front and wait on him. I have video capability with my camera. He's already been warned by the management, but I'm going to stick with it until I catch him in the act on camera. Then his job is mine.

 

[xylene]

I'll be honest.

You sound like a crank.

And that is why your landlord WON'T believe you even it he is breaking down your door.

It is WEDNESDAY.

Shouldn't you be at work?

Read the law by the way. The landlord has the right to enter for pest control, and you can't insist on a 'pass'.

 

[lowens1975]

What's the matter with you? Outlive your usefulness? Get job. Your advice sux.

I'll be honest.

You sound like a crank.

And that is why your landlord WON'T believe you even it he is breaking down your door.

It is WEDNESDAY.

Shouldn't you be at work?

Read the law by the way. The landlord has the right to enter for pest control, and you can't insist on a 'pass'.

 

[landlord51]

I have video capability with my camera. He's already been warned by the management, but I'm going to stick with it until I catch him in the act on camera. Then his job is mine.

You have too much time on your hands, that's for sure!

 

[TinkerBelleLuvr]

Doesn't matter WHO it is - property manager or pest control. The rule is KNOCK and find out if someone is home first. It really is that simple.

Doesn't matter WHY the OP is home on Wednesday. OP could be retired/ working a different shift/ off on Wednesdays.

The point is that they must ANNOUNCE their visit. Since the OP got smart about using the chain when home, it just caught them in the act.

 

[xylene]

Please

Doesn't matter WHO it is - property manager or pest control. The rule is KNOCK and find out if someone is home first. It really is that simple.

Doesn't matter WHY the OP is home on Wednesday. OP could be retired/ working a different shift/ off on Wednesdays.

The point is that they must ANNOUNCE their visit. Since the OP got smart about using the chain when home, it just caught them in the act.

How exactly do you prove someone did or did not knock?

How did the chain 'catch' anything? That just as easily 'proves' that the OP is not answering the door and is trying to deny the pest control guy access.

As to the Wednesday comment I was just pointing out that the OP sure seems to be taking personally and investing a lot of time in trying to be a pain the rear to block the pest control guy. That sounds crazy. People have a right to be crazy... but in the state of Florida landlords have a right under law to access their property for pest control which supersedes the right of tenants to never have anyone inside.