Proving Your Landlord Enters Without Permission

Do you suspect your landlord is entering your rental space without your permission? How can you gather evidence to support your claim? This guide will walk you through various steps to document and address such behavior, ensuring your rights as a tenant are protected.

Documenting the Incident

Security Cameras: If you're looking to catch your landlord in the act, a security camera can be an effective tool. Companies like Arlo, Amazon, and others offer motion-activated cameras that can be installed discreetly. Placing a camera by your inside front entrance, facing the door, can provide visual evidence of any unauthorized entries.

Witnessing the Entry: If you're concerned about your landlord's actions, it's crucial to have someone on-site as a witness. Have any visitors who may need proof of the landlord's actions remain in the unit until the landlord enters. This can help provide a verbal account of the events if necessary.

Taking Stock of Your Property

Property Inventory: Conduct a thorough inventory of your rental property immediately after the suspected unauthorized entry. Make detailed notes and take photos of any items present or missing. This can help establish a baseline for what was present at the time of the incident. Any missing items should be noted and potentially reported to law enforcement.

Seeking Legal Advice

Consulting a Lawyer: Taking legal action can be a powerful deterrent against landlord intrusion. Speak to a lawyer to verify your rights and discuss your options. If you have video evidence of the unauthorized entry, show it to your attorney. They may charge a one-time fee to make the landlord aware of this practice, which can include legal action if necessary.

Arresting the Intruder: If you suspect your landlord and their staff are breaking into your rental without your permission, take your evidence to your local police department. Have both parties present; if items were stolen, add vandalism as an additional charge. It's important to show the evidence to your attorney so they can take the necessary legal action.

Determining Legitimate Reasons for Entry: Before taking any drastic actions, it's important to understand whether the landlord had a legitimate reason to enter your rental. Landlords have a duty to maintain their building in good condition. If a busted pipe, electrical problem, or structural issue required immediate attention, the landlord could enter the rental unit to fix the problem.

In most cases, the landlord should provide notice before entering your apartment. In an emergency, the landlord or superintendent can open your door to fix the problem. Invoking common courtesy and knocking first is also an expected practice.

For non-emergency situations, if you feel that your rights as a tenant have been violated, you can politely ask your landlord for an explanation. If your landlord is likely to mitigate damage (fix the problem), this further reinforces that their entry was necessary.

In summary, documenting any unauthorized entry with security cameras, conducting a thorough property inventory, consulting a lawyer, and understanding the legitimate reasons for landlord entry are key steps in handling such issues effectively. Taking these actions can help protect your tenant rights and ensure a safe and secure living environment.