Q: In Oregon, can I sue a property management company for invasion of privacy and emotional distress?
Gave notice to vacate 5 months ago. Since then, PM company brings prospective tenants thru w/24 hr notice. A month ago, I was advised for the 5th time a prospective tenant wanted to view. I informed PM that I was at home recovering from major surgery and would be bedbound. They ignored my email, stating that they were ONLY concerned that my dog be restrained with me in my bedroom. Agent brought people into my room and through to my bathroom--while I was in bed recovering. I stated that I did not appreciate the intrusion and wanted agent to leave. She ignored me. 2 weeks later, same scenario. Male client turned corner to my bedroom where I was lying and was shocked/angered. They left. 1 week later, ANOTHER prospective tenant viewing. No apologies or accommodations for me and no privacy. Witnesses for all three events. 1 month left on lease, I made arrangements to vacate early bc of emotional distress and invasion of privacy. Was told unit is now rented. What are my rights?
A: You were free to deny them entry anytime you wished - even after they were there. You simply tell them to leave and if they do not, you call the police. If the enter despite your telling them no, you may be entitled to recover a month's rent for each such unlawful entry. But do understand that case law is clear on the matter - you must have clearly and unequivocally told them not to enter. "It's inconvenient" or "I'd rather you didn't" or other such forms are not likely to cut it - No means No but you have to be very clear that you are telling them No. Given that you could have told them to leave anytime, I doubt you have a case for invasion of privacy and emotional distress damages are not available in landlord-tenant matters in Oregon. Further, unless your written lease expressly provides for it, email and text messages are not legal forms of notifying either a tenant or a landlord of anything, including 24 hr notice of intent to enter and/or it's denial.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
