Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?
We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.
Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have during this to protect privacy?
For example, opening medicine cabinets, deliberately looking at medications or etc, moving boxes or furniture, shifting clothing in closets.
Also for example, in regards to inappropriate comments made on personal effects, decor, or organization of items on top of a dresser.
A: You should repost this query under the heading Landlord-Tenant to get the best advice.
Tim Akpinar agrees with this answer
A: You don't have a written ease. Therefore, the landlord can point to no provision in that "oral" lease that provides him with a right of inspection. He can't come barging into your private residence any time he chooses. He cannot touch or disturb, or rummage through or snoop though, your personal possessions and private papers. Where a right to inspection is permitted under a lease, it must be exercised upon reasonable notice and times, limited to reasonable purposes such as for routine maintenance and safety checks. You do not state what county you are in, but most counties have local laws regulating landlord tenant matters, and many require written leases as well as impose a license requirement on the landlord, which subjects the property to county housing authority and inspection requirements to confirm the property is up to code. In such counties that require licensing (Montgomery, PG, Anne Arundel, Howard, Baltimore County and City, etc.), the failure of the landlord to be licensed forfeits their right to use the courts to enforce their leases or to sue for unpaid rent or breach of the lease. Some of these jurisdictions have landlord-tenant offices where you can file complaints and trigger action against the non-compliant landlord.
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.