I recently learned that someone has entered my rented apartment and turned off my thermostat. I woke up and it was 62 degrees in here, and I assumed the gas had been turned off from the basement. I found that someone had entered my apartment from a similar situation with my neighbors. They got a washer, which isn’t supposed to be in use without an amendment to the lease that raises their rent due to the increase in the water bill, which the landlord pays.

They discovered one morning that their washer was not being supplied with water anymore. It had been turned off from the back, and it’s in their kitchen. Either the landlord or a service person came in with a key and turned it off for them. I went over to my apartment and checked out my thermostat. I took off the face, and found a switch that sure enough turned my heat back on. Someone had been in my apartment, too.

Now, my lease states that the landlord may enter the property without notice ONLY in the event of an emergency, and to show the property to prospective renters pending the termination of the lease. In order to execute an inspection or make any repairs or really for any other reason at all, the landlord must give 24hr notice. It’s spelled out quite clearly.

Moreover, there is a clause in my lease called ‘Tenant Remedies’. This clause is mostly to protect the tenant from unlawful evictions and distress, but I have to mention it because it ha a few juicy bits.

The clause states that if the landlord removes any of the tenant’s property from the unit, changes the locks on the tenant, or enters the apartment to reduce or shut off a utility without prior knowledge of the tenant, the tenant may opt to terminate the lease, gain back his security deposit, and sue for damages.

Does my heat qualify as a ‘utility’? I’m pretty sure it does, but I need clarification on this. The landlord pays for the gas heat. I hear all the time about landlords who shut off the heat in the summer, but quite honestly, I like it warm to begin with. If I wake up in the morning and it’s 62 degrees in my apartment, I get upset. Anyone would.

So first of all, can he even shut off my heat with it being so cold in the mornings? PA here.

Why wouldn’t he have the gas company shut off the gas instead of trespassing? Do they charge a fee for that?

Am I overreacting here? The man could have stolen something. Maybe he did and I just don’t know it yet. I sleep naked, what if he gandered?

Finally, as per my lease, can I really dissolve the contract and move out early and still get my deposit back? It seems too good to be true. I don’t want to live here if the landlord breaks in on his tenants. I’ve never met him, I’ve only dealt with his real estate agents. They tell me he’s very old and harmless, but has a temper. I don’t care how harmless he is, or how many times his agents have told him he can’t break and enter. I am outraged by this. Are there other ways to resolve this problem?

Thanks a lot for the advice
Just checked my lease– The tenant remedies clause say nothing about the landlord entering without prior notice, but it does mention the reduction or shutting off of ‘utilities or other necessary services’.

Still, the lease provides that he cannot come in.