If a landlord or est agent enters a property without giving 24hrs notice, what course of action can be taken?

Question

There are two separate points in the lease stating that the landlord or agents of his will give notice and there is no mention of between any particular hours.

Answer 1

In a lease, most time, it states that the Landlord or an agent of the Landlord (i.e. maintenance) can enter a unit WITHOUT notice as long as it is between certain hours listed on the lease. So check you lease.

Answer 2

It depends on the law in your state or province. Usually, the law takes the view that it is the landlord's house but the tenant's home. The landlord can only enter the place without notice and uninvited in an emergency, such a as a burst water pipe or an overflowing bathtub or the like. It sounds to me that your landlord is either unaware of the law (most likely) or just plain has no respect for you. This is a situation where you catch more flies with honey than with vinegar. Make sure that the landlord has no legal right to do what he has been doing. Then talk to him, and remind him of the law. Then, if he shows the place without knocking or notice, politely and firmly refuse entry. Part of the reason that the possibly illegal behaviour is continuing is because you are letting it happen. Let's face it, if the landlord put up with rent being late or tenants making too much noise, some tenants would be late and noisy. There are some people who will always push the envelope.

Answer 3

Depends on why the landlord entered. If he considered there to be an emergency repair for which he needed to enter your unit, there is no notice generally required. This also includes entering YOUR unit if necessary to repair an emergency next door, above, or below you.

As far as a course of action, what do you want to do ? Sue the guy ? You would not have a basis for lawsuit unless something were stolen or damaged during the entry.