Last Updated on February 20, 2022 by
According to state law, every tenant has a right to privacy; this ensures that your landlord gives you notice before they enter your apartment. Suppose your landlord keeps entering without permission even after asking them politely to stop. Write a follow-up letter or sue in small claims court for trespass.
Suppose your landlord’s behavior is persistent and annoying. In that case, you can choose to sue your landlord with the specific claims being trespass, invasion of privacy, harassment, or negligent infliction of emotional distress. You might have difficulty translating these claims to monetary damage in court, so you need to have documented evidence of trespass and a notice asking the landlord o stop. Alternatively, if your landlord has shown outrageous conduct that you can explain clearly, you will get a substantial amount of money for damages.
This article takes you through a tenant’s right to privacy to help you understand your rights as a tenant. We also look at the landlord’s right to enter and when the landlord can enter your property without permission. After reading this, you will be in a better position to understand how to relate with your landlord in terms of accessing your apartment while you’re living there. Keep reading!
Landlords Right Of Entry
In most states, the law dictates that a landlord, caretaker, or representative can only enter your apartment for business reasons or in case of an emergency. If it is for a business reason, the landlord has to tell you ahead of time, preferably 24hours in advance. Your landlord can choose to give verbal notice or communicate in writing. If your landlord enters your home without notice while away, they must leave a note somewhere, it’s easily visible when you come back.
Below are some of the business reasons that allow your landlord to enter your house while you’re living there:
1. If they need to show the apartment to a potential buyer
2. When your lease is about to end, and you have given the notice to move, the landlord can show your apartment to a new tenant
3. For inspection and maintenance work
4. When the landlord suspects you are violating the terms in your lease agreement
5. The landlord suspects there’s someone else living in your apartment without permission
6. To do housekeeping in a senior citizens apartment
7. The tenant is causing disturbance to other tenants
8. When the landlord suspects that a tenant has abandoned the apartment
Sometimes, your landlord may enter your home without permission or notice when it’s an emergency that may cause harm to a person or the property. Below are some reasons that may require your landlord to enter the apartment without notice:
1. There’s a maintenance problem that may destroy the property or cause harm, such as a leak affecting other tenants.
2. Security and crime issues that are affecting other tenants
3. If the landlord suspects illegal activity in your apartment
4. The landlord thinks the occupants of the apartment are in danger.
What To Do When The Landlord Keeps Entering Your Apartment Without Notice
Some landlords tend to disrespect the tenants’ right to privacy, which is against the law. Every tenant has a right to enjoy the apartment they are renting without disturbance and constant interruption. If your landlord or apartment manager keeps making your life difficult by trespassing or harassing you, you need to take action and exercise your right to privacy.
According to state laws, your landlord needs to give reasonable notice before letting themselves into your property. Even after giving notice, they can only access the house during work hours and not early morning, late in the night, or on weekends. Unless there’s an emergency, the landlord will need to ensure you are in the house when they come in. Some landlords may enter your home without permission causing a nuisance. If your landlord does that, here are some tips you can use:
1. If you think your landlord might be trespassing your home in your absence, install a surveillance camera to document instances of unlawful entry and use it to complain to the law enforcement officials.
2. If the landlord enters the apartment without permission or demands unreasonable access, that is considered harassment.
3. Whenever your landlord invades your privacy, goes beyond what is considered reasonable access, or harasses you, ensure you document the incidence so that you can have solid proof.
4. Talk to your landlord politely, telling them to stop; if talking doesn’t help, follow up in writing remind them about your right to privacy. Ensure you keep a copy of the letter or any communication between you and them
5. If the harassment and trespassing don’t stop, write a follow-up letter with a list of violations and a copy of the first letter. You can tell them you will file a restraining order or pursue a trespass lawsuit if the breach goes on,
6. You can file a lawsuit in the small claims court and have the landlord compensate you for causing intentional or negligent mental distress
What To Do When You Are Forced To Move Out
Some landlords tend to harass tenants to motivate them to move out; they may use tactics such as raising the rent inconsiderately, cutting utilities, restricting access to amenities such as the gym or pool. This behavior is illegal, and when your landlord does this, they are breaking the law. If your landlord does this stuff, you can sue them in small claims courts and get compensation for damages. You can also break the lease without notice, and you won’t have to pay penalties.
Remember that the law protects you from such actions whenever you feel like your landlord or property manager is violating your right to privacy or harassing you. When you don’t know what to do in a situation, it is advisable to consult an attorney who specializes in handling landlord-tenant disputes, a legal aid firm, or a housing assistance group in your locality. These professionals will advise you on what to do and the best way to handle the dispute.
Frequently Asked Questions
Q. What Do I Do If My Lease Agreement Doesn’t Have A Clause On The Landlord’s Right Of Entry?
Before entering into a rental agreement, always ensure you have a signed lease agreement that spells out the terms of the lease, including the landlord’s right t entry. If the lease you are signing doesn’t have such terms, ask the landlord or property manager to include it following the laws in your state. Even if you have already signed the agreement, you can look up the laws and ask your landlord to revise the agreement. Doing this helps to protect your right to privacy. Some landlords might also include a clause that gives them unlimited access to your apartment, is careful when signing such, and always ensure that state law backs your signing up.
Q. Can A Tenant Refuse The Landlord To Enter An Apartment?
If asked, tenants have the right to refuse entry. However, if the landlord or their representative has a valid reason to access the property and the tenant ignores their request for admission, they have the right to let themselves in. if the landlord was coming for a repair and the tenant denies entry, the tenant cannot make claims against the landlord
Q. Can A Landlord Enter My Garden Without Permission?
If your garden is included in the rental contract as part of your renting space, your right to privacy applies, and the landlord cannot enter without notice.
Q. Can A Landlord Take Photos?
Yes, your landlord can take photos of the apartment when conducting a property inspection. As a tenant, you have the right to request access to the images if you need to verify that they don’t contain any personal information.
Q. Is The Landlord Allowed To Enter My Room During An Inspection?
Yes, during an inspection, your landlord or property manager is allowed to inspect the place as thoroughly as they wish. If you refuse them to check a particular room, it raises suspicion; most times, whoever is doing the inspection will do so when you are home and only need to glance around and look for possible damage.
Q. Can A Landlord Move Personal Belongings Without Permission?
No, the landlord cannot move belongings without permission; otherwise, they will be charged with violating the interference with goods act. The only instance a landlord may be allowed to move a tenant’s belongings is when rent is long overdue, and the tenant has been missing for a long time. Also, some circumstances may necessitate moving stuff in the tenant’s absence. For example, if a gas leak and a tenant is belonging are in the way, the landlord can move them. If there’s a fire outbreak or the tenant’s belongings are in the way, the landlord can move them to save lives. Your landlord needs to have a valid reason before moving any personal stuff.
Final Word
Knowing your rights as a tenant is crucial if you want to live quietly and peacefully. It also helps you understand what you should tolerate from landlords and property managers. If you are unsure of what to do, consult a lawyer or check with your state laws.
