Sunday morning lawyer needed: tenant and privacy

[pmajka]

Here is a quickie.

tenant complained that my painter was out side their 3 floor window scraping and painting on sunday morning at 8:00am.

" It's great that you hired XXXX to do some work on the outside of the house. However, before you allowed him to do any work on the second or third floors, common courtesy would dictate that you would have informed YYYYYY and I of when to expect there to be people working outside our window and on our roofs. Otherwise, this represents a possible invasion of privacy. .

Now, at 8:30 am on Sunday morning, I'm up and writing to you because XXXX has once again and without prior warning decided to invade our privacy. He is currently on a ladder outside of our BEDROOM WINDOW at 8:30AM. As if his presence wasn't enough, he's making ALOT of noise scraping...again at 8:30 on a Sunday morning. Again, inconsiderate and NOT appreciated."

Jst the facts:
1. My house, my roof not the tenants
2. mr XXX did not ever enter the property, invasion of privacy?
3. 8am on a sunday , not Illegal, but i didnt know he was coming back to finish, Yeah, I'd be cranky too.

[the]

I'd have put a note on everyone door or doorstep the day before, telling them about the painting. That does seem the considerate thing to do.

Why not just apologize to the tenant?

As far as a technical legal invasion of privacy, I'm not a lawyer, so I don't know. But I would think there is a possible issue there. I think the court looks to whether someone has a reasonable expectation of privacy in any given situation. If you live on an upper floor, where no one can normally see in your window, I think arguably a guy on a ladder could violate a reasonable expectation of privacy. But that's just a common sense approach.

[SoCal911T]

I agree 100% with your tenants regardless of the legal aspects.

[the]

Originally Posted by pmajka

Jst the facts:
1. My house, my roof not the tenants
2. mr XXX did not ever enter the property, invasion of privacy?
3. 8am on a sunday , not Illegal, but i didnt know he was coming back to finish, Yeah, I'd be cranky too.

As a former landlord and former tenant, I'd suggest you adjust your attitude on #1. Of course you are technically the owner, but it is the tenant's "home." You need to respect that.

As to #2, why not put yourself in their position. Some guy shows up on an ladder outside your upper floor window while you are in bed with your lady. Duh.

[stomachmonkey]

Drop off a bottle of vino with an apologetic note.

Speak to painter.

As mentioned before, adjust attitude, put yourself in their place.

[dad911]

Originally Posted by SoCal911T

I agree 100% with your tenants regardless of the legal aspects.

+1. As a landlord I would notify tenants for this kind of work, and limit my contractors working hours to 9-5 on weekdays. No reason painting has to be done on a Sunday morning........

[Joeaksa]

Work being done Monday to Friday is one thing, but some people like to sleep in on weekends. Some people NEED to sleep in as they might not have gotten to bed (or to sleep) until 2-3 am. Some people leave the window open or curtains open and the last thing I would want while "entertaining" someone is a unannounced painter looking in the window!

Courtesy would make one think that a respectful landlord would provide notices to the renters a day or two in advance MINIMUM that some work is going to be done on the apartment.

Regarding work being done on the weekend at ANY time, this needs to be submitted to the renters in advance and the work started at a reasonable time. IMHO 8 am on the weekends is not a reasonable time. This is their time off and everyone should be considerate of that.

[mattdavis11]

Is she hot?

[pmajka]

I am not in disagreement with any of you or the tenant, but If you pay real close attention to #3.

I was suprised too! The tenant and I knew he was doing work, but It was not my intent to have him there so early on a sunday.

I have apologized to the tenant and stated that i would speak to the Painter in regards to notification of work schedule so I can give the tenants a heads up.

AS far as being outside a window to paint the window in regards to privacy:

The tenant knew he was painting the windows, but neither the tenant nor I knew he'd be there on a sunday morning.

Mind you, the painter is in his 70's (climbing 3 story ladders) and has that whole Early morning work ethic.

[stomachmonkey]

You hired him.

He works for you.

Sounds like there are two separate complaints from the tenant.

After the 1st you should have told painter what an acceptable schedule was.

The fact that he likes to work early is obviously a problem and it is your problem.

[kstar]

I would have been very upset if I was the tenant, especially because it was a Sunday morning at 8am!

Best,

Kurt

[speeder]

I am a painter working 7 days a week on a project for the last several weeks. I am working today, Sunday. I'm working on an empty, gutted house.

You, (and your painter), are 100% in the wrong on this one. There isn't even the slightest grey area. It is someone's home. Get a clue.

[Joeaksa]

Denis,

Are you home yet? If not then why not?? Hope you are not still in MSP working one someone elses house !!

Winter is coming, hope you are back in SoCal!

Joe

[speeder]

Hey Joe,

Yes, still in MN. Probably heading back this week. It's been a great summer and fall, working on a cool old house and tending to my relationships with family/parents/etc... If I come through AZ., we'll get together for some charred cattle for sure. Take care, buddy.

[Joeaksa]

Denis,

You are welcome anytime and this time would have a actual spare bedroom free instead of the couch!

Am going to be here only another week so if its after that time will not be in town.

Drive safe!

Joe

[chapo]

I believe California renters law states you need to give 24 hours notice for you to enter the house or perform work. Most cities have statutes that limit the hours you can work on saturday (usually 7am to 7pm) and no work on Sunday. i would be pissed too if he showed up unannounced. Glad my landlord is a little more respectful to us tennants.

[DaveE]

I'm very glad no one was outside OUR bedroom window this AM. My wife would have been VERY upset..................

[pmajka]

The painter had been doing first floor work for the past week.
The Painter never entered the tenants 2nd floor apt, EVER.
After finishing the 1st floor apt, he started on the exterior.

also let me clarify...the Majority of the OUTSIDE work was preformed on a Wed and thursday between 9am - 2pm. The tenant decided to stay home one day.

Today was a Pop surprise.....

[chapo]

"People with excuses fail..."

[pmajka]

Doh!