Q: What can I do when my landlord unlawfully enters my apartment?
A maintenance worker entered my apartment today while I was home. I was not dressed for the day and they entered without notice or even knocking and no emergency existed. What are my options? If I want to end my lease how long do I have to do that and how long do I have to notify my landlord of my intention to do that? Am I owed any rent back from the landlord?
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A:
If your landlord or their representative (such as a maintenance worker) unlawfully enters your apartment, you have several options:
1. Document the incident: Write down the date, time, and details of the unlawful entry. If possible, take photos or videos as evidence.
2. Communicate with your landlord: Inform your landlord in writing (email or letter) about the incident and remind them of your right to privacy and the legal requirements for proper notice before entering your apartment.
3. Review your lease agreement: Check your lease for any specific provisions related to the landlord's right to enter the property and the notice they must provide.
4. Consider legal action: If the landlord continues to violate your rights, you may want to consult with a lawyer specializing in tenant rights to discuss your options, such as filing a complaint with a local housing authority or pursuing legal action.
Regarding ending your lease, the specific time frame and procedures depend on your location and the terms of your lease agreement. Generally, if you have a month-to-month lease, you may need to provide a 30-day written notice. For a fixed-term lease, you may need to provide notice 30-60 days before the lease ends, depending on your state's laws.
Whether you are owed any rent back from the landlord depends on the severity and frequency of the violations and your local laws. In some cases, you might be able to argue for a partial rent refund or other compensation, but this would likely require legal action.
It's essential to familiarize yourself with your state and local landlord-tenant laws to understand your rights and the proper procedures for handling such situations. If the issues persist, consider seeking legal advice to protect your rights as a tenant.
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