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Brad76 · Jul 21, 2007, 01:35 AM

:confused: I have a landlord who interrupts my life almost daily. I feel like I have no privacy at all. She gives no notice of entering the house. It is putting a strain on my family life. How much notice does she have to give. Is the law the same for people who rent without a contract or lease.

tickle · Jul 21, 2007, 04:28 AM

Landlord has to at least call before she comes over; you are paying rent and I hope not delinquent. What a recipe for disaster though, for you and your landlord not to have a signed lease !

excon · Jul 21, 2007, 08:38 AM

Hello Brad:

In answer to your question, yes. You have the same rights with or without a lease, at least in terms of your living in the unit.

You need to read your state landlord tenant law. You can find a copy right here, at the top on a sticky note. Every state is different. However, most states require "reasonable" notice to be given before a landlord shows up. Some states define reasonable to mean 24 hours. Others think it means 48 hours, and still others leave it up to you to figure it out.

In my view, reasonable is at a minimum, 24 hours. Also, consider the fact, that if the law requires the landlord to give you reasonable notice, it stands that you also can reasonably Withhold permission.

What I mean by that, is if you happen to have a dinner planned for tomorrow evening, and your landlord calls to say that he's coming by tomorrow evening, you can tell him NO - the day after will be better.

excon

excon · Jul 21, 2007, 03:32 PM

Hello again, Brad:

Knowing what the law is and what to do about it are two different things. Now that you know she is violating state law, in order to avoid a confrontation, I would write her a polite letter explaining the law and your expectation that she is going to adhere to it in the future. Send it certified, return receipt requested. Mail a copy by regular mail too, and if she comes by without notice again, open the door, hand her a copy and don't let her in.

excon

RichardBondMan · Jul 21, 2007, 03:44 PM

There's a couple of kiinds of things here, one is the written law and one is contract law. If you had a rental contract, those terms cannot violate any part of the written law in the state in which you live. In other words, the landlord cannot write a contract that violates your state's law. Like other answers you have already received, ck your state law, (you might be able to view it online but be careful as it might be confusing, that's why there are lawyers who are supposed to know or know where to find out). I also think the landlord can't violate your privacy wtihout notice of some kind.

ScottGem · Jul 21, 2007, 07:42 PM

I agree with the previous answers, however, there is something else to consider here. If you are not under a lease, then you are considered month to month. This means either of you can terminate the lease with one rnetal period's notice.

So, if you do deny the landlord access, she can turn around and tell you to move in 30 days or so. On the flip side, if she just ignores your request to stop popping in, you can inform her that you are moving with the same notice.