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ricky2brown · Dec 9, 2011, 10:27 PM

I live in Georgia. My landlord came knocking on the door at 1130pm asking about rent. Is this legal?

excon · Dec 10, 2011, 07:22 AM

Hello r:

No. He needs to provide at least 24 hours notice when he visits.

I'd write him a certified letter telling him that if he violated your rights under state law again, you will vacate and sue. Send your letter certified, return receipt requested.

excon

LILL · Dec 10, 2011, 09:07 AM

Actually Michigan state law requires the landlord to give a "reasonable notice" to ENTER the property. There are no laws that forbid him from knocking on the door.

excon · Dec 10, 2011, 09:49 AM

Originally Posted by LILL

Actually Michigan state law requires the landlord to give a "reasonable notice" to ENTER the property. There are no laws that forbid him from knocking on the door.

Hello LILL:

Actually, the courts have defined "reasonable" to be AT LEAST 24 hours. Besides, he's in Georgia - NOT Michigan.

Additionally, I suggest that knocking on the door IS a violation of that provision.

I stand by my advice.

excon

ScottGem · Dec 10, 2011, 10:05 AM

The first question is was the rent past due?

But I have to agree that any laws cover ENTERING the premises. There are quiet time laws that could be used to complain about harassment in this case. But I don't believe this comes under the rules for entering.

LILL · Dec 10, 2011, 10:15 AM

Sorry Excon, got my states mixed up. Still to early for me. Anyhow, regardless, I have researched GA law, and as far as I can see... GA has no statute that requires any type notice to enter. Even if their was a statute, I doubt it forbids the landlord from knocking on the door.

ballengerb1 · Dec 10, 2011, 10:18 AM

Unless there is a state or local law stating when someone can knock on your door I don't see how the LL broke a law. Anyone who feels a law was broken can correct me by providing us with a link to the statute.

excon · Dec 10, 2011, 11:11 AM

Hello again,

I'm not surprised Georgia doesn't have a statute. Absent a statute, the courts would look to the Uniform Commercial Code. I believe that a claim that the landlord violated his right to "quite enjoyment", of his property, WOULD BE SUSTAINED.

Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.

In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, and we cite that all the time.

I believe knocking on the door at 11:30 PM is a violation of that proviso.

excon

Fr_Chuck · Dec 10, 2011, 01:02 PM

Actually again, this has nothing to do with entering, it has to do with collection of rents, the landlord knows you are at home at 11:30, so yes he can come then to find you at home, if he came at 1 pm you may be gone to work normally.

This is done normally if he believes you are not paying and is trying to collect his money. This will not happen if you merely pay your rent on time.

But yes he can do this,

ScottGem · Dec 10, 2011, 01:09 PM

Now I flip back to excon. This is the point I was making. Knocking on anyone's door for any non-emergency reason at 11:30 pm could violate the right of quiet enjoyment. But Chuck is right that it does not constitute entering.

Essentially the landlord was dunning and d there are laws against doing that at 11:30.