When can a landlord legally enter my home or apartment without consent?

Question

Recently, my landlord entered my rental home (without my consent, she has a key) and took my cordless land-line telephone and my cablebox for non-payment of utilities? Can a landlord seize your personal property for non-payment?

Answer 1

The Landlord can only enter your apartment without your consent or without notice in case of an emergency or to correct a maintenance emergency that can do damage to your apartment or the apartments that surround you. They definitely can not seize your personal property for non payment of rent. They would have to start legal proceedings for non payment of rent, I would suggest starting your own legal proceedings for burglary! Laws very state to state, but these are the laws in my state.

Answer 2

you cannot enter ones home to serve an eviction! A landlord need only post it on the door.
This not being the case, but breaking and entering and theft is the case at hand, not to mention the illegal entry to your home without and emergency or a 24 hour notice of entry in daylight hours with your permission if no emergency or sale on property at the time or vendors necessary to do a particular job on hold for the betterment of the tenant and structure.
You have a case of theft and other state and federal statutes broken, now go out and file charges on the person committing the crimes...and prove it too!

Answer 3

Don't listen to these people or you will get in trouble.

A landlord may enter the premises under the following conditions:

With adequate notice. (It need not be 24 hours. No state I know of actually requires 24 hours. While being generally accepted, it isn't written into law.)

To make necessary or agreed upon repairs. (The landlord may enter without notice or specific time if you have a complaint about something that is broken. The repair occurs on his schedule, not yours. Your complaint specifically gives him permission to enter the premises.)

To show the premises to potential buyers, contractors, appraisers, loan officers, and potential tenants. (Usually you can give adequate notice, but 24 hours is not neccessarily required, and may not be doable if they people are there only for a short duration. If the tenant declines to allow the landlord into the premises, then the tenant can be held liable for any monetary damages.)

You gave permission for the landlord to enter the premises. (If, as part of your contract, you agreed to allow the landlord to enter the premises with only a few hours notice, then you have given them permission to do so.)

The landlord need not contact you directly either. She only needs to post a notice conspicuously.

******************

Now, what your landlord did was illegal. It is called constructive eviction, and depending on your state, her taking personal items are considered theft.

Actually, in court you can be awarded triple the amount of damages (back rent) she claims you owe. This is a form of punishment for the landlord.

I would do two things; first find another place to rent. You don't need a landlord like this one. This lady is a jerk.

Second, call the police and file a complaint. This will have a record of the occurrence that is admit able in court.

The police are likely to retrieve the personal items too. They may not arrest the landlord for theft though. Often they want to stay out of landlord/tenant disputes, but they have to record their response to your complaint.

Good Luck

Answer 4

Only in case of emergency to preserve life or property, or with an eviction order in hand.

What your landlord did is illegal -- it's called Burglary. Call the police and file charges.

Answer 5

She is trespassing. Make a police report and take her to small claims court for your items to be returned.

Answer 6

nope!!! she cant enter without making
an app. at least 24 hr. in advance. You could call the cops and have her arrested for burglery......