Here’s a short story- This is Debbie. Debbie often comes back to her room to see that her landlord has entered without permission. Do you relate with Debbie?
You’ll be happy to know that Debbie’s landlord could be facing criminal charges for his actions. Want to know more? Keep reading.
Have you ever found yourself Googling what can I do if my landlord enters without permission– You might have wondered that if you are the one paying rent, what gives your landlord the right to breach your privacy and enter the property without permission?
But then again, they are the landlord, with ownership of the land. So, does that make it legal? If you are a tenant facing these issues with your landlord, don’t worry! I’ve got it covered for you.
But, First. Let’s Brief You On Your Rights!
A landlord has invested thousands of dollars in his property, he pays the taxes. That sure entitles him to some rights. However, that does not mean that he can enter the property that you rented whenever and however he wishes.
Every tenant has the right to his privacy in his rented property, which he considers home. So what are your rights?
All States contain laws that protect a tenant’s right to privacy. The list of rights that you can enjoy as a tenant includes:
A Tenant’s Right Against Discrimination
A tenant cannot be denied the right to the use of a property on discriminatory grounds such as the color, religion, gender orientation, or sex of the tenant.
A Tenant’s Right To A Property With Habitable Standards
The property provided for rent has to be fit for living. Running clean water, availability of electricity ,and a clean and properly built facility is the basic needs that a landlord must guarantee.
Limits On Security To Be Deposited To Landlord
A landlord cannot charge exorbitant amounts as security deposits from a tenant. Most states have laws that protect a tenant from such claims.
Tenant’s Right To Privacy
There is major importance placed on tenancy rights by the government of each state. A few conditions can be placed in which the landlord can disregard these rights and enter the property to make sure the property is in safe hands.
So, When Can The Landlord Enter The Tenant’s Property?
A landlord can enter the tenant’s property without notice in a few cases. They are:
- When there has been an emergency.
- When the landlord needs to show around the property.
- When the landlord needs to show the property to prospective buyers or renters.
A tenant is required to grant permission when it comes to the above-mentioned points.
Landlords Should Furnish Notice Before Entry
Almost all state tenancy laws maintain that a landlord should provide at least 24 hours of notice before entering your property. The only exception that can be considered is in the case of emergencies.
What Can I Do If My Landlord Enters Without Permission?
If you are the tenant who is suffering with your landlord constantly barging in, here are a few measures that you can take:
You Can Call The Police
Yes. You read that right! You can call the police if your landlord refuses to seek your permission before entering, or even worse, enters anyway.
This is Debbie. If Debbie were to ever catch her landlord snooping, going through her things, or touching her belongings inside the room without her permission, she can call the police on grounds of trespassing.
Sue The Landlord On Grounds Of Harassment And Invasion
Yes. The law is a tenant’s friend.
When a landlord is entering into a property that he has officially rented out to the tenant, without notice, he is invading the tenant’s personal space. He is thus liable to be sued.
Keep Reading: Best Sexual Harassment Lawyer And Lawfirm’s In US
The Tenant Can Sue A Lease Breach.
If a lease has a clause that states that a tenant can enjoy the property quietly, he can approach the Court stating that there has been a breach of the conditions of the lease.
The Tenant Can Sue For Unwanted Guests
If your landlord is treating your room like his even after he has rented it out to you, something’s not right. Is it?
If a landlord is bringing unwanted guests into the tenancy, then a tenant has every right to sue the landlord.
Once a property has been rented out to a tenant, he enjoys certain rights by the virtue of the tenancy agreement. These rights include the prohibition of the entry of unwanted guests.
Questions Tenants Frequently Ask(F.A.Qs):-
Here are the most frequently asked questions on tenancy rights, have a look!
Ans: If you are a tenant in Alabama, the state laws for tenancy dictate that you should:
The right to safe and proper housing.
The right to basic amenities.
Your landlord has to provide notice prior to entering the property.
No discrimination in cases of tenancy can be displayed.
Ans: Yes, a landlord has to seek a tenant’s permission before entering in order to be allowed access inside the property that has been rented out to the tenant. If a landlord has entered without prior permission or notice, he is liable to get sued.
Ans: No, the law does not mandate that the landlord has to hold a set of keys. However, if the tenants and landlords have an agreement to that effect, it can be made possible.
It’s A Legal Wrap!
Tenancy laws may vary from state to state but the rights of tenants remain the same throughout the United States. Some even throughout the world. However, it is important to note that with rights come responsibilities.
One can be entitled to rights as a tenant as long as he is fulfilling his duties as a tenant should. A tenant should not be posing any harm to the property that is being rented by him. He should be up-to-date with his rent payment. Lastly, a tenant should not stand in breach of the tenancy clauses and conditions. A breach would cause eviction according to the law.
If you have any more doubts or curiosities that might ail you legally, feel free to reach out to us on the Exclusive Rights platform.
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