Entering my flat without my permission

65 posts in this topic

I had repairment work in my flat (balcony) for one week, workers sent & paid by landlord. The work was finished in Friday. Next Monday one of the two workers who did it - came non announced, over the fire-steps which connect my and the flat down. I was sleeping in that time (I live alone, non native-German woman) He was banging on my window standing on the fire-steps, to open. Then he came on my balcony and was moving my plants, looking something about the work and yelling. 

I opened balcony door and said he didn't call he'll come today. He entered the room and attacked me verbally in German, and in that moment I was afraid of also will physically. He then went out of my flat over the doors. I was so shocked that I didn't remember to turn on phone camera. - 

I went right away to Nachbarschaft Beratung, as all Mieteberatungs here are on Urlaub until 10.8. When she called the number on visit-card he gave me last week, he confirmed that he was there this morning. When she started to talk about, he denied he was there, started to yell on her and cut off the call.

As all the needed repairmant work is still not done, she called the agency, whose employee said there is absolutely no way they would exchange the worker, and cut off the call.

In few days, another Nachbarschaft

Socialberater called agency again about changing the worker, and the employee had the audacity to say to him racist remarks against me (the tenant), and cut off the call. -

For next few days he was doing repair work in flat down, but I blocked fire-steps with things so nobody can come over -

I will meet Mieterrecht lawyer in Monday, but I'm really traumatized even by staying (not to say anything about sleeping) in my own flat since that happened.

I would be grateful if someone could say to me as soon, what I should do in legal way and what are my chances for it - against him, an agency and agency-employees and down-neighbour. Thanks!

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Totally unacceptable situation. I'm sorry you had to experience this. I would not have even opened the door. They have no right to enter the property (whether announced or not) and you could file charges against him. The problem is though you opened the door and this could be taken as an invitation to enter. 

If there was no work scheduled that day, you could well not have been at home and they would have had to come back. 

Also what if there had been no keys hanging in the door he got out of? Then he would have been inside for longer or had to exit via the balcony again. 

 

As for the repair work which needs to be completed - the ball is in their court - I'd say they need to contact you if they need access to your property. Do they actually need to get inside your flat to complete the work? Or is it more simple and they just need the things all moved off the steps entrance / balcony in general? 

If they don't need to gain access to inside, then you may want to consider letting them get on with the external work so that it is over and done with and you can move on, - otherwise it's still all hanging over you - and that's not good. 

 

Another issue maybe is the blocking of fire escape steps could be considered legally problematic per se.

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I don´t understand what you´re afraid of. You knew he was sent by your landlord or a company mandated by your landlord, you had no reason to think he wanted to steal something or attack you. Why do you (illegally) block the fire escapes to prevent him from doing the work he has been ordered to do? You´re usually obligated to let workers mandated by your landlord do their work. Refusing to do so might even expose you to claims for damage compensation. Isn´t it in your own interest that the work will be completed?

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13 minutes ago, jeba said:

I don´t understand what you´re afraid of. You knew he was sent by your landlord or a company mandated by your landlord, you had no reason to think he wanted to steal something or attack you. Why do you (illegally) block the fire escapes to prevent him from doing the work he has been ordered to do? You´re usually obligated to let workers mandated by your landlord do their work. Refusing to do so might even expose you to claims for damage compensation. Isn´t it in your own interest that the work will be completed?

Whilst this is all true, we don't know if access to the actual flat was necessary. Why was the man shouting and why did he insist on coming inside and then exit through another door? This seems odd to me - and unnecessary. 

He also later denied being inside the flat - again ridiculous - how does he know that he was not filmed inside the flat?! 

Also the OP said that the external (balcony) work finished the previous Friday so a further visit wasn't expected. 

If the OP had been on holiday for two weeks from the day after the work was supposedly completed, then none of this could have happened and the work would have been delayed in any case - if access to the flat itself is really necessary. ;)

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11 minutes ago, lunaCH said:

Whilst this is all true, we don't know if access to the actual flat was necessary.

True, there is a lot of info missing.

11 minutes ago, lunaCH said:

Why was the man shouting

Maybe because she was asleep and otherwise couldn´t have heard him?

 

11 minutes ago, lunaCH said:

why did he insist on coming inside and then exit through another door

Part of the missing info. I´m assuming he had a reason related to the job he had to do.

 

11 minutes ago, lunaCH said:

. If the OP had been on holiday for two weeks from the day after the work was completed, then none of this could have happened and the work would have been delayed in any case - if access is really necessary. 

 

Againmissing info here. Had she been told the work was finished? I guess the worker didn´t move the plants on her balkony just because he felt like rearranging them - so it seems to me the work wasn´t finished. Hence why she wrote:

 

4 hours ago, carxofa said:

As all the needed repairmant work is still not done,

 

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Presumably she only found out on the Monday that the work was not finished on the Friday as initially planned.

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You can't use the fire step and knock on people's windows, put away plants, walz into their apartment and leave through the front door.

 

I would complain to the landlord about this and clearly state that you will not accept that kind of behaviour.

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1 hour ago, Namu said:

You can't use the fire step and knock on people's windows, put away plants, walz into their apartment and leave through the front door.

Clearly though you can, as unfortunately, for the OP, this has already happened. ;) 

It's wholly unacceptable though of course. Entering the flat without an explicit invitation was possibly illegal, particularly as the OP apparently received no prior warning/notification that works were due to be carried out on the precise day when this occurred.

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4 hours ago, jeba said:

I don´t understand what you´re afraid of. You knew he was sent by your landlord or a company mandated by your landlord, you had no reason to think he wanted to steal something or attack you. Why do you (illegally) block the fire escapes to prevent him from doing the work he has been ordered to do? You´re usually obligated to let workers mandated by your landlord do their work. Refusing to do so might even expose you to claims for damage compensation. Isn´t it in your own interest that the work will be completed?

The work in my flat was Monday-Friday. They asked for key and were working 09-17. When I came back that Friday, the whole work was done and the key was in the place where he (another worker) said he will left it. Next Monday this worker came over fire-steps. He was checking if the first worker's did whole job correctly. What he should have already done in Friday before 17.

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So what is left to de done? Can't they do the remaining work using the fire escape route only and without needing access to the flat itself? 

 

Any further work that you were not previously notified about needs to be rearranged for a future date at your convenience. Speak to the agency or landlord. The firm is no longer allowed to enter your flat without prior, written notice and certainly not without permission.

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4 hours ago, jeba said:

I don´t understand what you´re afraid of. You knew he was sent by your landlord or a company mandated by your landlord, you had no reason to think he wanted to steal something or attack you. Why do you (illegally) block the fire escapes to prevent him from doing the work he has been ordered to do? You´re usually obligated to let workers mandated by your landlord do their work. Refusing to do so might even expose you to claims for damage compensation. Isn´t it in your own interest that the work will be completed?

The whole work with balcony was done Monday-Friday. This person who came over fire-steps haven't done that work, he was there in the first Monday to take measurements. Together with another one, who came Monday-Friday to do the balcony. They still have to exchange thecomplete balcony door and window, which they said agency said I have to wait 8 weeks for that to be done. But in Tuesday they left the window open so strong wind in night broke one part of glass (2-glassed window) and this has to be done before 2 months, now I can have it like that but in 2 months it's already autumn. So somebody has to come to do that, and agency is refusing to send anyone else. As if those are the only ones who know how to do that work in the whole state.

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4 hours ago, jeba said:

I don´t understand what you´re afraid of. You knew he was sent by your landlord or a company mandated by your landlord, you had no reason to think he wanted to steal something or attack you. Why do you (illegally) block the fire escapes to prevent him from doing the work he has been ordered to do? You´re usually obligated to let workers mandated by your landlord do their work. Refusing to do so might even expose you to claims for damage compensation. Isn´t it in your own interest that the work will be completed?

2 times before this were the same company in flat. Once for kitchen sink, once for bathroom. Those were civilized people - contacted me before over the phone and Kasten, and gained access in my flat like civilized people, over main door. No probs about that. That was also for that week for balcony. But then he had audacity to come in my flat over the fire-steps?! As a thief, as a rapist?! To yell on me?! Those fire-steps connect only mine and down-flat (5. & 4. floor) I know it's illegal to block them - I blocked only my passage down in case of fire. You don't go out going up in case of fire. I am just really sorry I didn't in that moment just go to the kitchen without any word and took two kitchen knives and on him.  

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5 hours ago, lunaCH said:

Totally unacceptable situation. I'm sorry you had to experience this. I would not have even opened the door. They have no right to enter the property (whether announced or not) and you could file charges against him. The problem is though you opened the door and this could be taken as an invitation to enter. 

If there was no work scheduled that day, you could well not have been at home and they would have had to come back. 

Also what if there had been no keys hanging in the door he got out of? Then he would have been inside for longer or had to exit via the balcony again. 

 

As for the repair work which needs to be completed - the ball is in their court - I'd say they need to contact you if they need access to your property. Do they actually need to get inside your flat to complete the work? Or is it more simple and they just need the things all moved off the steps entrance / balcony in general? 

If they don't need to gain access to inside, then you may want to consider letting them get on with the external work so that it is over and done with and you can move on, - otherwise it's still all hanging over you - and that's not good. 

 

Another issue maybe is the blocking of fire escape steps could be considered legally problematic per se.

 

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My balcony door is always slightly open in summer. He could have opened it from the balcony very easily.

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9 minutes ago, carxofa said:

My balcony door is always slightly open in summer. He could have opened it from the balcony very easily.

Personally I would not leave it open, unless there is a way of locking it into position from the inside so that it is still open for ventilation. Nevertheless, it would still be illegal for the worker to enter without permission even if they do find it open, or can open it from the outside.

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4 minutes ago, carxofa said:

My balcony door is always slightly open in summer. He could have opened it from the balcony very easily.

Had he done that he would have acted illegally. Knocking on the window to notify you that he wants to enter is not.

 

8 minutes ago, carxofa said:

But then he had audacity to come in my flat over the fire-steps?! As a thief, as a rapist?! To yell on me

I think you´re bit paranoid. Had he wanted to steal from you or to rape you he´d not have asked to let him in - he´d have entered via the open door. Don´t you see that?

 

10 minutes ago, carxofa said:

I am just really sorry I didn't in that moment just go to the kitchen without any word and took two kitchen knives and on him.  

You should rather be glad you didn´t. It would have landed you in very hot water legally.

 

22 minutes ago, carxofa said:

So somebody has to come to do that, and agency is refusing to send anyone else. As if those are the only ones who know how to do that work in the whole state.

It´s up them to decide who they send. You have no legal leg to stand on telling them which of their workers they want to send.

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1 minute ago, jeba said:

I think you´re bit paranoid. Had he wanted to steal from you or to rape you he´d not have asked to let him in - he´d have entered via the open door.

Be careful. I find that to be a sweeping assumption.

My friend was raped by someone she knew and had until then assumed she could trust. He knocked on the door and unfortunately she let him in. The judge at the trial even pointed this out, almost trying to say it was partly her fault. Disgusting, but true. :rolleyes:

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Just now, lunaCH said:

Be careful. I find that to be a sweeping assumption.

My friend was raped by someone she knew and had until then assumed she could trust. He knocked on the door and unfortunately she let him in. The judge at the trial even pointed this out, almost trying to say it was partly her fault. Disgusting, but true. :rolleyes:

Did he knocked on the door even though it was open? This is my point.

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7 minutes ago, jeba said:

Did he knocked on the door even though it was open? This is my point.

Sorry. I see what you mean.

The OP first said that he banged on the door and she opened the door - presumably it was closed. She only later revealed it had been slightly open - I'm not sure in what position the door was for it to be closed, slightly open or ajar and able to be opened from the outside at the same time - clearly depends on the mechanism.

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He was standing on the fire-steps banging on the window, yelling. He didn't asked me to open. He was yelling. Until I got up, he was on the balcony. The balcony door was slightly open. He was moving my plants and yelling. Then he entered the room and was still yelling. Then he went out from the front door.

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