What are my rights as a tenant regarding privacy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights as a tenant regarding privacy?
I have lived in my apartmentfor 10 months and my landlord comes in without knocking, shows up at 9:30 at night to fix a shower head and threatens to raise my rent for fixing a 16 year old air conditioner. When I question him he threatens to raise my rent by $200. This is a motel but rents all most all units by the month. I can’t afford to move right now. What recourse do I have?
Asked on July 12, 2011 under Real Estate Law, South Dakota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The landlord is required to give notice before entering your apartment unless it is an emergency. The notice requirement varies from state to state but is usually 24 hours. The notice should be in writing and entry into your apartment should be during normal business hours unless it is an emergency.
The landlord cannot enter without knocking. You may be able to sue the landlord for invasion of privacy for entry without knocking. Your lawsuit should also include a separate cause of action (claim) for violating the notice requirement.
It sounds like the landlord is looking for some excuse to evict you given the threat to raise your rent for doing repairs or even answering your questions. If you are evicted for something that is not a breach of the lease, you can sue the landlord for retaliatory eviction. This means the landlord is retaliating against you by evicting you.
In every lease there is a covenant of quiet enjoyment which means that the tenant cannot be disturbed in his/her use and enjoyment of the premises. At this point, a breach of the covenant of quiet enjoyment may be a weak argument, but it is something to consider depending on this landlord's actions against you in the future.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.