Are you in a position to sue your landlord over invasion of privacy? This guide will explain it all. Once you have a property owner who likes to just drop in and visit or maybe sneak in your hotel apartment when you are not around, it is as though they are always supervising you and they are not letting you settle down to your own place in your own home. But being a tenant does not imply that you will have to tolerate such behavior and though Bay Property Management Group asks tenants to negotiate with the landlords instead of going to court, in certain situations it is required. The following is just what you should read to know about your tenant rights as far as tenant privacy rights are concerned and what you can do in the event that you need to defend yourself.
May Tenants Sue their Landlords of Invasion of Privacy?
Yes, when…
You have Unauthorized Entry
In most states, landlords are required to provide a good written notice to tenants when entering into their apartments. Consequently, where a house owner storms your house without providing you with enough notice, he or she can be sued.
They Gather Unauthorized Spying
The other good ground to sue your landlord is when they assemble illicit monitoring. According to privacy laws, a resident is supposed to know when and whether he or she is a property under surveillance. Using or mounting surveillance cameras or other gadgets in the property without informing you and without your permission is unlawful.
There is Repeated Harassment
When your landlord just arrives randomly and follows your every step, then what he/she does can be discredited as harassment, and you would be able to sue him/her. Other than intruding your business, selling personal information like your name, financial and rental history also fall under the list of harassment and invasion of privacy.
Not when…
It was an Emergency
Your landlord can also come in to inspect your premises with or without notice to address a problem on the premise in case there is cause to suggest that your property is a threat of flood, fire, or any other emergency. Yours and the safety of the other tenants can go first when you need it, after all, it is more important than privacy.
They Made Due Warning
Watch out of a fair notice before making a call to your lawyers. Landlords are obliged to inform tenants in advance before they enter renter apartment to perform routine maintenance, repairing or other proper reasons. Therefore, your landlord is above board in case he/she has acted reasonably as the state laws require or according to his/her rental contract.
The Tenant Privacy Rights are Important
Local and State Laws on Landlord entry
Read through your lease agreement carefully so as to prevent confusion and landlord/tenant troubles. As an illustration, you might think that the right to privacy is being invaded by the property owner when they do not provide the normal 48-hours warning whenever they want to get into your unit. However, in certain states, 24 hours are enough warnings to the tenant, thus you have to be conversant with local laws. Moreover, governing the entry of landlords into your apartment, certain states dictate that they should come at reasonable times like 9 am to 6 pm. At any other time of the day, it would be considered an intrusion and you can file a case against it. It is equally important to mention that in all states, landlords are also given emergency exceptions, like those times when it is actually proven, or believed that there is a threat of fire, flood or gas leakage.
Reasonable Expectation of Privacy Concept
Reasonable expectation of privacy leads us to it, which is a legal doctrine that specifies whether a landlord of a given land performs an act of breaching the privacy of his or her tenant. Regrettably, invasion of privacy incidents do not always turn out black and white and that is the reason why we ended up having to use this principle so much in order to establish whether a proprietor of a property is at fault or not. As an example, when your landlord comes to state that he wants to enter your property and repair one of the kitchen pipes, he will not take that supposed reason to go into the rental to your bedroom or bathroom, where it is most likely that a tenant would expect the most privacy. They are expected to inform you first in case they suspect that the same issue occurs in other living places and repair or maintenance should be carried out ideally. They are also not given a right to tamper with your items or installing cameras on your property without your permission.
Actions Lawsuits that the Tenants Can File
Cease and Desist Letter
Write a form of letter telling your landlord to cease any form of privacy invasion with immediate effect by writing a cease and desist letter. This written notice is of 2 purposes as a tenant. First of all, it will indicate to the property owner that you are aware of your rights; particularly, you ran through the inventory of specific rights that they violated and you mentioned the laws that were violated by landlords and tenants. It is also considered as documented evidence of what they are doing in case you choose to take other legal measures.
Cancellation of the Lease
When it seems that nothing helps and your landlord keeps infringing your right to privacy, you should orally or even in writing put an end to the lease and go out of the apartment. Indeed, it may not be easy to restore the same trust after a property owner has flaunted their boundaries and it would be expected that staying on the property does not make you feel comfortable. In these circumstances, a majority of the local legislation and the conditions of the lease agreement prescribe the tenants not to suffer any financial penalties in case of reported privacy breaches.
Criminal Charges
To a great extent in cases when privacy abuses refer to illegal surveillance, trespassing, harassing, etc., you have the right to press a charge. Naturally this would involve law enforcement inquiry. Make sure that you have written justification of your allegations in case your landlord would incur some stiff fines and other penalties based on the nature of his wrongdoing.
Conclusion
Ensure your right to privacy is not violated when you are a renting property by knowing your limits. As an example, they cannot enter your apartment without warning you of it in due time, or gather any surveillance material, without your knowledge and permission. In the case you have a meddlesome property owner who keeps an eye on your comings and goings, then they might be guilty of harassment and you have a basis to demand a cease and desist letter. Otherwise, in case you do not feel safe on the premises anymore, you can even pack your bags with no threat of any monetary repercussions, and even file criminal charges.