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Jalyn09
Aug 9, 2009, 10:11 PM
Hello-
I am leasing a home from an individual in Texas and I am having issues. Both the landlord and his wife keep entering our property. We have asked them on several occasions not to enter without contacting us; this is what is required in the lease unless it is an emergency. Usually they are just entering an unattached garage, because they still have landscaping "stuff" to do.
Recently we came home from vacation and found that they had been in both the attached and the unattached garage.
The only way into the attached garage is through the house.
They have never left any notice of entry, which is required in the lease.
At this point I am just looking for a way to get out of the lease because we have found another place.
In looking at the lease there are a couple of things that I noticed.
 They are not following the “when we may enter” paragraph. They have entered on six different occasions and have not requested entry ever and they have never left notice of entry as required in the lease.
 The lease is written in both my wife and my name, but was never signed by my wife.
 The lease has a spot on every page for resident and representative initials. He did not initial any page, but he did sign the last page.
Is any of this sufficient cause for me to break the lease?

N0help4u
Aug 10, 2009, 05:34 AM
It is unlawful for the landlord to enter the areas you are renting without proper notice.

What state are you in?

I found a California law that in Cali you can sue the landlord for up to $5,000. For entering your property.

The Right to Civil Code 1954 Compliance

Your right to possession is subject to a very narrow exception, identified in Civil Code 1954. At first, these seem like petty quibbles, but their strategic value will become apparent. Here's the actual statute, highlighted:

§1954. Entry by Landlord
(a) A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to harass the tenant.
(d)(1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.
(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of entry.
(3) After the tenant has abandoned or surrendered the unit

California Tenant Law - Free legal advice for California renters' rights (http://www.caltenantlaw.com/ForSale.htm)

I think that much of that is basic landlord/tenant law

AK lawyer
Aug 10, 2009, 05:38 AM
If you want to break the lease based upon violation of the terms of entry, I'm not sure that this is in itself sufficient. Give him written notice that if he does it again the lease will be terminated.

The fact that your wife didn't sign the lease simply means that she isn' a party to the lease.
The lack of initials is would only be significant if he were to claim a particular page contains language to which he didn't agree.