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This landlord has been harassing my clients since they moved in. Two days ago she entered the house-without any notice and no one was at home. I know she was there because she called me and told me she was there and no one was home-she knows they have requested that someone be at home when she comes. I told her she didn't give them notice. My clients returned home and called me saying that items had been moved and lights had been left on inside the house. They are feeling very nervous and uncomfortable - can the landlord entering the house without permission or notice be enough to break the lease?

[RickJ]

No. You cannot get out of the lease because of that.. . not yet, anyway...

You need to pay rent (on time) to the clerk of courts. They will put the rent in escrow and contact the landlord.

In addition, you should file a complaint with your State Attorney General.

After you have done the two things above, go to the landlord and ask him to release you from the lease IN WRITING (that is, IF you want to be released).

If you want to stay, then do the first two things above then go to the landlord to let him know that you expect him to comply with the agreement as far as the notice goes when he (or one of his employees) wants to enter your unit.

[excon]

can the landlord entering the house without permission or notice be enough to break the lease?

Hello laucks:

The lease is not fungible. It's either adhered to or it's not. There's no in between. Since the landlord broke the lease, SHE BROKE THE LEASE. She didn't bend it. So, in my view, your clients CAN move based upon the landlords actions...

However, it might be easier to rein her in rather than moving... If these are YOUR clients, I'd write the landlord a letter informing her of her breach.. Tell her that if she violates the lease ONE more time, your clients will move and sue her for damages. Send the letter certified.

excon

[Fr_Chuck]

1. it does not matter what the renter wants as for as to be there, the landlord can enter when they want, if they give proper notice.

2. proper notice is often considered 24 hours but can be what ever time frame is listed in the lease

3. The landlord can also enter for emergancy repair, or for scheduled maintenance.

[AK lawyer]

... Tell her that if she violates the lease ONE more time, your clients will move and sue her for damages. ...

Damages? What is an unannounced visit worth, in dollars and cents?

[excon]

Damages? What is an unannounced visit worth, in dollars and cents?

Hello lawyer:

An unanticipated move could cost $1,000's.

excon

[AK lawyer]

Hello lawyer:

An unanticipated move could cost $1,000's.

excon

Why is the concept of "actual damages" so hard to grasp?

If OP can show that he had to write a check to restore himself to the position he would have been, had the LL not wrongly done what he did, OP would have a case.

Or, if a statute imposes a set dollar-amount penalty for such outrageous behaviour, ditto.
Or, if a statute makes it a crime, he can smirk while the LL spends time in the slammer.

But, absent the above, it's a case of "no harm no foul".

[excon]

Why is the concept of "actual damages" so hard to grasp?

[INDENT]If OP can show that he had to write a check to restore himself to the position he would have been, had the LL not wrongly done what he did, OP would have a case.

Hello again, lawyer:

Couple things. Why, when you correct me, do you have to be such a pompous a$$ about it?

In terms of your correction, I submit that, if the OP moves due to the LL's breach, he IS going to have to write a check to restore a home for himself. It's true. That's money he's eventually going to have to spend. But not now, and having to do so NOW looks like damages to me.

The third thing is (I know, I said two), even if your legal analysis is accurate, you don't seem to understand the lawyerly art of intimidation.

excon

[RickJ]

2. proper notice is often considered 24 hours but can be what ever time frame is listed in the lease

Maybe, maybe not. A landlord can put whatever he wants in the lease... but if it is unenforceable, or goes against the state or local law, then it does not apply.

Most states require at least a 24 hour notice, in writing, by the landlord.

[smoothy]

I think important infiormation is being left out... such as WHY the landlord entered in the first place.

Without knowing that, we are just guessing as to if it was justified or not.

And having known many renters... most of the paranoid types crying harassment the loudest (and most often)... are the people doing things no respectible person would be doing to or in property they don't own. Or causing other problems for the landlord.

We don't know all the details of this case.

[excon]

And having known many renters....most of the paranoid types crying harrassment

Hello smoothy:

It's true, some renters suck... But, having known many landlords, some of them suck too.

WHY the landlord entered isn't important. Unless it was an emergency - he has the right to do that. Otherwise, without proper notice, he doesn't no matter WHAT'S going on inside.

The only thing that protects good tenants and good landlords is a good lease, and the willingness to hold the other party's feet to the fire. That's what I advise people to do.

excon

[smoothy]

We don't know WHY the landlord entered. There ARE times they are allowed in with no notice. We only know THAT they entered... and its all from a third parties perspective. Jaded by the fact that the landlord is also accused of harassment. Again with no supporting information. I have seen people cry harassment when they are informed repeatedly they are in violation of any number of rules far more often than true busybody landlords.

We have very minimal information here to base any solid advice off either way. And specifics are very important.