What To Expect From Your Landlord Text Size:

Your landlord claims that she is entitled to enter your apartment at anytime to ensure that it is maintained. While it is her property, you are leasing it as your home and you are entitled to your privacy while you live there.

Renting a dwelling doesn't mean that you have become subservient to your landlord, you still have a right to privacy. Most landlords will respect your privacy rights. But, there are always a few who think ownership of the land gives them the right to control you life and that you are paying for the privilege.

Your Privacy Rights

When you pay rent, you are paying for the exclusive possession of another person's property as your dwelling. Along with that exclusive possession is the right to quiet enjoyment of the land, meaning a right to use the land as your dwelling without the intrusive interference of the landlord, meaning a right to privacy. Of course, your right to privacy does have limits. These limits should be found in the following places:

• Your lease agreement should expressly state the manner and circumstances that a landlord can enter your premises unannounced
• Your state's landlord-tenant law may list those occasions when a landlord can enter the premises

If you have no lease agreement and your state's landlord-tenant law says nothing about landlord entries, then the usual rule is that your landlord can only enter the leased premises when it is fair and reasonable to do so. Some examples:

• Emergencies such as broken pipes, flooding or fire
• When you have already given permission to the landlord
• Inspect the premises and make repairs or alterations
• Acting on the reasonable belief that you have moved out of the apartment
• Show the apartment to prospective tenants or buyers

Except for emergency situations, the landlord should give you advance notice of a need to enter the land or obtain your permission to do so. If the landlord fails to do either, you may be able to file a trespass action against your landlord. You may also be able to obtain a restraining order against your landlord for the following reasons:

• Your landlord enters the premises without advance notice and without your permission
• Your landlord demands to enter the premises for lawful reasons but at unreasonable hours of the day, such as night time
• Your landlord continually harasses you or behaves unreasonably towards you, your family and guests
• Your landlord make continuous demands to enter the property
• Your landlord tries to retaliate against you for invoking your rights

Examine Your Lease

State laws vary considerably in protecting your privacy interest in leased property. Some states allow landlords to add a number of exceptions to your privacy rights, other states will not enforce those additional exceptions, and there are a few states that do not have any laws to protect your privacy. It is very important that you read your lease carefully and to consult an attorney if you believe that the lease allows the landlord to intrude upon your privacy.

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