Rental Basics in 19087>Question Details

Emilk, Renter in 19087

Can I sue my landlord for entering home?

Asked by Emilk, 19087 Sun Jul 4, 2010

Landlord has entered home on many occasions without giving any notice. The lease states the he will provide12 hr notice. I have documented proof (police report) of him entering the home because I had to call 911 because we thought someone was breaking in. I have been told he is liable to pay 1 months worth of rent for entering home.

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Emilk,

Definitely a question best directed to an attorney for their advice.....consider adding interior dead bolt locks or chains to protect your privacy.
1 vote Thank Flag Link Sun Jul 4, 2010
#1 and only Contact an attorney!!!!!!!!!!!
1 vote Thank Flag Link Sun Jul 4, 2010
You need to research landlord/ tenant law in your area. He can be reported, but, to whom?
I'm not sure you can recover a months rent, but, the landlord tenant law will have the answer. Typically the state will have the basis for local landlord/tenant law. If your city is big enough, they have have an office just for that!
That's not nice and I hope you can get him to stop!
1 vote Thank Flag Link Sun Jul 4, 2010
Emilk,
As a director of the Pennsylvania Association of Realtors my advice is to contact an attorney, realtors are not licensed to give legal advice and their knowledge is limited in legal issues.
0 votes Thank Flag Link Mon Jul 5, 2010
Emilk
You are on the right tract, your lease is king, and if it states that they must give notice, unless your unit is on fire or something that would be considered “emergency”. You are on the right track of documenting the incidents, but you also need to send notice to your landlord for his alleged un-authorized access for an explanation of why the need to access your unit. As all the others have stated, consult an attorney that specializes in renters rights, they can tell what your rights are in regards to the access in your area.
Web Reference: http://www.calcopm.net
0 votes Thank Flag Link Sun Jul 4, 2010
Good afternoon Emilk,

The simple answer is to have an attorney review the terms of your lease agreement. A real estate professional, who is not a licensed attorney, can not give advise in this matter. If you need the name and phone number of a real estate attorney, I have several that may be able to help. Contact me for a list. Steve
0 votes Thank Flag Link Sun Jul 4, 2010
Consult an attorney.

I don't know about--and seriously doubt--an established penalty of 1 month's rent for entering the home.

Question: Why is he entering the home? What's the root cause of his behavior? Maybe you can address the problem that way.

But check with a lawyer to find out what your rights are. And, frankly, consider moving if your landlord is behaving in an irrational manner.

Hope that helps.
0 votes Thank Flag Link Sun Jul 4, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Most landlord tenant rules state that the landlord must give a 24 hour notice unless there is an emergency tahte they have to enter, fire, smoke, water etc... i do not think there is any law that states the penaly is 1 months rent, there are 2 sorts of violations, one is crimininal and the other is civil.

First thing is google landlord tenant laws for PA, search the area for illegal entry and what the penalties are. you should then contact a real estate attorney, use teh free first meeting to see if they will take your case on a percentage basis of what you could win.

good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sun Jul 4, 2010
Emilk,

You might check with the Delaware attoney generals office to see if there is any rules regarding your landlord entering your unit. My gut tells me that the liability of one months rent is unlikely but who knows. I have posted a link to the Delaware Attorney Generals Office's website that reviews the current law.

http://attorneygeneral.delaware.gov/consumers/protection/bro…

Cameron Piper
Web Reference: http://www.campiper.com
0 votes Thank Flag Link Sun Jul 4, 2010
Consult an attorney as you are talking about legal matters and a realtor is not meant for legal advice.


Sean Dawes
0 votes Thank Flag Link Sun Jul 4, 2010
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