my landlord came in to my house without my permission..,he has a duplicate key!..,his reason is "i was checking any of your appiances if there is unattende and i wanna shut it off"..,plz help me on this because i wanna bring this into court.
2006-09-20 07:17:33 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends upon your state, but generally a landlord has a right to enter the property in order to inspect and repair appliances, etc. However this is usually triggered by the tenant's request. It is not something the landlord has the right to do without notice any time he feels like it. As others have suggested, check your lease, though. A lease can trump the basic law, which means that you may have agreed to substantially broader rights for your landlord in that lease.
On a different note, even if your landlord is in the wrong, what do you hope to gain by taking this to court? From your question, it appears you've suffered no compensable damages, so what are you suing for? There's no point to it. You won't find a lawyer to take the case, and you'd be wasting your time by prosecuting it. There's no money to be made in a case like this.
2006-09-20 07:57:10 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Unless there has been a problem with your leaving some dangerous machine on- NO! He can NOT enter your apartment without your permission. When you rent, technically by law, that is YOUR home- not his... even if he is the rightful owner. Unless there was an actual water leak from a burst pipe or a fire had started due to an electrical short he is NOT to enter your home at all without your permission.
I don't know if it would be worth taking him to court. He may be proven to be in the wrong but you will more than likely not get any compensation even if you win. You still have to pay for a lawyer as well.
I would get a video camera and set it up in your house somewhere where your landlord won't see it and record his trespass. That would give you a little more clout and you can use it against him if needed.
I would see if there is a landlord/tenant association in your area and bring this to them. They will slap him back in line.
Hope this helps and have a great day!!!
2006-09-20 14:25:36 · answer #2 · answered by Coo coo achoo 6 · 1⤊ 1⤋
You'll have to check your lease agreement. Generally speaking, the landlord has the right to enter for certain reasons, like if he suspects you have something on the stove that is unattended or if there's a safety issue like a suspected gas/water leak, etc. From what you've listed here I would say there is no violation, but I would make a note of it and continue to note if he does it in the future, especially if any of your property ends up missing...
2006-09-20 14:22:05 · answer #3 · answered by sarge927 7 · 1⤊ 0⤋
It is known as tresspassing. Read your lease agreement. He must give you warning he is coming in and you still have the right to say no. He also has the right to ask 3 times to be allowed in, if not allowed he then can come in on reasons of protecting his assets. File a legal complaint with the Fair Housing athorities in your area. Write him a letter, sent certified mail, informing him that he is not to enter your apartment without 48 hours notice written or verbal. If he violates this again for any reason other than the building being on fire you will take him to court for tresspassing and mental duress. Sign it and date it and make a copy.
2006-09-20 14:27:11 · answer #4 · answered by curiosity 4 · 1⤊ 0⤋
In most states, your landlord does have the right to enter your apartment for maintenance purposes, if he/she suspects that there is an emergency, or for pest control reasons.
It depends on the lease you signed. Your landlord is required to give you a copy of your lease; if you don't have a copy, request one and read it carefully.
You have not sustained any damages. Although you could pursue your case in small claims court, there is no damage, so no reason to sue.
2006-09-20 15:45:47 · answer #5 · answered by Vicki D 3 · 0⤊ 0⤋
Look carefully at the lease. It might have a provision that lets him enter the property anytime he wants. If you signed the lease, then there's not much you can do.
Saving that, the state-level bar association usually has a referral service that will put you in contact with an attorney specializing in landlord-tenant disputes. I had to use such a service recently.
You might also ask a law librarian in your area.
2006-09-20 14:22:02 · answer #6 · answered by dontknow 5 · 1⤊ 0⤋
You don't say where you live,but in my neck of the woods (Maryland) a landlord has to give you 24 hours notice before he can even pull up in your driveway,much less enter your house.
Call a lawyer.Most of them are more than happy to answer a few questions over the phone,as long as you don't turn it into a long-winded gabfest.
2006-09-20 14:23:59 · answer #7 · answered by Danny 5 · 0⤊ 0⤋
You didnt say where you live but if in the United States your landlord must give you 24 hours notice unless there is an emergency. Judges define emergency in different ways but this sounds like it wasnt an emergency but landlord snooping.
2006-09-20 14:23:31 · answer #8 · answered by Anonymous · 1⤊ 1⤋
In California a landlord must give you notice before he enters your rental unit
2006-09-20 14:21:03 · answer #9 · answered by corvuequis 4 · 0⤊ 0⤋
Absolutely against the law. He can keep a duplicate key, but entering without your consent is still against the law.
2006-09-20 14:27:24 · answer #10 · answered by Fire_God_69 5 · 1⤊ 1⤋