Forcible Entry By Landlord

[frivvy89]

What is the name of your state? Tennessee

My landlord came to my house this morning. He knocked on the door but we were all sleeping. I got up to get my clothes on and while I was getting my clothes on he just unlocked the door and came in the house with a pest control worker. He walked in the bathroom and in our room without knocking. After he was finished I asked him if he could give notice or call us to let us know before doing this. He stated, unless I move out that it will continue. It's not in the lease agreement anywhere, that he can just walk in the house and inspect when he feels. Is there anything I can do about this? I live in the state of Tennessee and I don't know the laws on this.

Thank you

 

[Alaska landlord]

Many states have no requirements regarding entry. In these states what the tenant has to do is negotiate these matters before signing the lease. If this is a deal breaker for you then give notice at the end of your lease and find someone willing to give you reasonable notice.

 

[justalayman]

I suggest a deadbolt that is used only when there are residents at home. I will say that LL or not, if some guy walked into my house with my wife or kid running around half naked, there would be hell to pay.

actually, here is the applicable statute:

66-28-403. Access by landlord.
(a) The tenant shall not unreasonably withold consent to the landlord to enter into the dwelling unit in order
to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers or contractors.
(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding
immediate action.
(c) The landlord shall not abuse the right of access or use it to harass the tenant.
(d) The landlord has no right of access except:
(1) By court order;
(2) As permitted by  66-28-506 and 66-28-507(b);
(3) If the tenant has abandoned or surrendered the premises; or
(4) If the tenant is deceased, incapacitated or incarcerated.

what that says is the LL cannot simply walk in. The statute referred to are for when a tenant fails to maintain the premises or abandons the property.

In other words, the LL had best start giving notice or be faced with a civil suit based on this statute:

66-28-513. Remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access,
or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable
attorney's fees.
(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the
tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental
agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.

So in other words, you can prevent the LL from entering at all, even with notice unless it is required per the list above.

To avoid a confrontation any worse than what it could be, I would utilize a deadbolt that is locked when anybody is in the aprtment/house but leaving it unlocked so the LL can access the premises as neccessary if you are not home.

Just as an added bit of info:

66-28-514. Retaliatory conduct prohibited.
(a) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services
or by bringing or threatening to bring an action for possession because the tenant:
(1) Has complained to the landlord of a violation under  66-28-301; or
(2) Has made use of remedies provided under this chapter.

 

[Alaska landlord]

66-28-403. Access by landlord.
(a) The tenant shall not unreasonably withold consent to the landlord to enter into the dwelling unit in order
to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers or contractors.
(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding
immediate action.
(c) The landlord shall not abuse the right of access or use it to harass the tenant.
(d) The landlord has no right of access except:
(1) By court order;
(2) As permitted by  66-28-506 and 66-28-507(b);
(3) If the tenant has abandoned or surrendered the premises; or
(4) If the tenant is deceased, incapacitated or incarcerated.


I think it's safe to say that no notice to enter is necessary. The LL can establish what is reasonable and ultimately a judge will decide if challenged by a tenant. .

 

[justalayman]

read the statute again Alaska.

(c) The landlord shall not abuse the right of access or use it to harass the tenant.
(d) The landlord has no right of access except:
(1) By court order;
(2) As permitted by  66-28-506 and 66-28-507(b);
(3) If the tenant has abandoned or surrendered the premises; or
(4) If the tenant is deceased, incapacitated or incarcerated.[/QUOTE]

what the statute states is that the tenant will not prevent the LL from entering considering those requirements you posted BUT it goes on to say that the LL has no right of access unless permitted by the bolded above

66-28-506


66-28-506. Failure of tenant to maintain dwelling. —

If there is noncompliance by the tenant with § 66-28-401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.

66-28-507b

(b) During any absence of the tenant in excess of seven (7) days, the landlord may enter the dwelling unit at times reasonably necessary.

the section you bolded states in plain language that the tenant must give the right to access for those items. To give access, the tenant must first be notified, otherwise, they could not give permission.

Tenant wins here.

as well, with what the LL states, it sounds like a case for harrassment is going to be easy to show.

even you bolded the only portion that specifically give the LL rights to access without permission from the tenant.

(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

that means other than that, the LL MUST have consent.

 

[Alaska landlord]

Tennessee Landlord Tenant Law

Fair Housing Agency:

Human Rights commission

530 Church Street

Nashville, TN 37243

(615) 741-5825


Notice of Entry: No Requirements

Lease Termination: 30 Days (Tennessee code Ann. § 66-28-512) Landlord must give 60 day notice to increase rent

Security Deposit: Must be returned within a reasonable amount of time

Consumer Protection Office:

 

[justalayman]

I don't care what some other website states. As a matter of fact, I had quoted that site before and then realized they cited the wrong states statutes under the state I looked up.


What I posted is the Tennesse statutes. I think that over rides whatever some website posts.

 

[Alaska landlord]

You are mixing apples with oranges. The question is; Does the landlord have to give the tenant a notice that he will be entering the apartment to conduct repairs? The answer in Tennessee is NO! Now, that does not mean that he can abuse his rights, and should he do so, the tenants does have avenues that he or she can exploit.
The LL however cannot enter if consent is not given. Should the tenant deny entry, then the LL has legal means by which he can force entry or end the lease.


Maybe you can point out where in the state statute any kind of specific notice is required. By that I mean, 8, 12 or 24 hr notice.

 

[BL]

66-28-403. Access by landlord.
(a) The tenant shall not unreasonably withold consent to the landlord to enter into the dwelling unit in order
to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers or contractors.
(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding
immediate action.
(c) The landlord shall not abuse the right of access or use it to harass the tenant.
(d) The landlord has no right of access except:
(1) By court order;
(2) As permitted by  66-28-506 and 66-28-507(b);
(3) If the tenant has abandoned or surrendered the premises; or
(4) If the tenant is deceased, incapacitated or incarcerated.


I think it's safe to say that no notice to enter is necessary. The LL can establish what is reasonable and ultimately a judge will decide if challenged by a tenant. .

TENNESSEE CODE ANNOTATED
TITLE 66 PROPERTY

CHAPTER 28 UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT

Part 1-- General Provisions

66-28-403. Access by landlord.


(a) The tenant shall not unreasonably withold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.


(b) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.


(c) The landlord shall not abuse the right of access or use it to harass the tenant.


(d) The landlord has no right of access except:


(1) By court order;


(2) As permitted by §§ 66-28-506 and 66-28-507(b);


(3) If the tenant has abandoned or surrendered the premises; or


(4) If the tenant is deceased, incapacitated or incarcerated


Unreasonably withholding consent ,Consent , and Emergency are key words here .

Obviously if there were no answer by knocking on the door and the LL simply let himself and any other person(s) in without it being an emergency , or as permitted , the LL was in violation of the UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT .

If a LL were to enter under the No Notice theory , the tenant could be caught stark naked by a LL , workers , whomever , and not pay any consequences .

I think the deadbolt idea is a good one . Locked when home , unlocked while away .

 

[Alaska landlord]

Obviously if there were no answer by knocking on the door and the LL simply let himself and any other person(s) in without it being an emergency , or as permitted , the LL was in violation of the UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT .

If a LL were to enter under the No Notice theory , the tenant could be caught stark naked by a LL , workers , whomever , and not pay any consequences

Again, you are mistaking a "notice to enter" with "consent to enter."

This was not a forcible entry. It was an entry without notice. All the tenant had to do was deny entry,told the LL to get out and if the LL refused to leave, then that would have changed things to forcible entry.

Post a link where a notice is required and how many hours.

 

[justalayman]

Again, you are mistaking a "notice to enter" with "consent to enter."

This was not a forcible entry. It was an entry without notice. All the tenant had to do was deny entry,told the LL to get out and if the LL refused to leave, then that would have changed things to forcible entry.

Post a link where a notice is required and how many hours.

Look at 66-28-403(d). LL has no right to access other than...



Now to Unreasonably refusing entrance. not going to do that much research but I bet you will find that the courts have ruled the a tenant requiring notice is not considered unreasonable.

As well, I would suggest that the family being in bed would be considered a reasonable cause to refuse entrance.

UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT .

Is this referenced within the Tennessee statutes? Didn;t happen to see it.

Post a link where a notice is required and how many hours.

I already posted it. You apparently overlooked it. Again, read 66-28-403(d).

Then go on to read 66-28-506 and 66-28-507(b).

Take notice of these times.

in 506: or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time,

and in 507(b): During any absence of the tenant in excess of seven (7) days,

So, by statute, it would take a notification of at least 14 days unless the dwelling is abandoned, then it is 7 days.

Now we could argue this til the cows come home. The statute itself is contradictory in that in one section it states tenant shall not withhold reasonable access and then it contradicts itself by stating the LL has no rights to access other than for reasons noted.

I suggest the tenant does have the right to refuse access to the LL within reason, as a minimum. In many states, reasonable has been ruled to include some notice, generally 24 hours is standard.

By the LL's statement as reported, I would see his statement as a veiled threat of harrassment as well, which is actioanable per Tenn statutes.

So, I would still suggest a lock that the LL does not have a key to and to avoid escalating things any further than neccessary, lock it only when the dwelling is occupied. If the OP wants to go further, then he should consider contacting an attorney or if there is some sort of local tenant advocacy office of the government, contacting them.

If the LL wants to sue OP for locking the door, I say let him. I believe the courts would not find the action offensive but may find the LL's actions egregious enough to penalize him.

 

[Alaska landlord]

66 28 506. Failure of tenant to maintain dwelling.
If there is noncompliance by the tenant with § 66 28 401 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the rental agreement has terminated, for immediate payment.

Again, no mention of a notice of intent to enter


66 28 507. Absence, nonuse or abandonment by tenant.
(a) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven (7) days as required in § 66 28 404 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(b) During any absence of the tenant in excess of seven (7) days, the landlord may enter the dwelling unit at times reasonably necessary.


* notice the absence of a notice of entry to be issued


As you can see, there is no mention anywhere that a notice to enter must be issued. Only the conditions under which a landlord may enter and for what purpose.

 

[Alaska landlord]

Take notice of these times.

in 506: or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time,

and in 507(b): During any absence of the tenant in excess of seven (7) days,

This is a notice of breach and a notice to repair, not a notice of intent to enter.

 

[justalayman]

This is a notice of breach and a notice to repair, not a notice of intent to enter.

LL cannot enter prior to 14 days post written notice. So while it is not a notice of intent to enter, it is a notice of a breach that can (and probably will) result in the LL entering the premises.

It does act as, in effect, a 14 day written notice of entry.

I will concede that there is no defined notice to enter but depending which section of the statute one cares to follow, access can be totally denied or denied as long as it is not unreasonable to do so.

As before, I suggest "reasonable" could be seen as a 24 hour notice (haven;t and won't look up case law). I would surely consider arguing that in court if neccessary. I strongly suggest that LLs actions in the original post were definately not reasonable and OP had every right to refuse entrance of the LL. If it were me, the LL would have had a quick trip to the door. I would have to look up Tennessee fire arms laws but in my state, he could very well have gotten shot, and it would be quite legal.

I think the LL would reconsider giving notice if it were me as the tenant and in my state. If he were smart he would anyway.

 

[Alaska landlord]

LL cannot enter prior to 14 days post written notice. So while it is not a notice of intent to enter, it is a notice of a breach that can (and probably will) result in the LL entering the premises.

Actually, the LL can enter, but as with any state law, he has no right to enter if denied entry. Then the LL would have to take legal remedies. And again, the above quote is a breach and repair demand of the tenant in which the tenant is given 14 days to remedy the breach, or the landlord will do it for him or her.



It does act as, in effect, a 14 day written notice of entry.

I will concede that there is no defined notice to enter but depending which section of the statute one cares to follow, access can be totally denied or denied as long as it is not unreasonable to do so.

Correct.

As before, I suggest "reasonable" could be seen as a 24 hour notice (haven;t and won't look up case law). I would surely consider arguing that in court if neccessary. I strongly suggest that LLs actions in the original post were definately not reasonable and OP had every right to refuse entrance of the LL. If it were me, the LL would have had a quick trip to the door. I would have to look up Tennessee fire arms laws but in my state, he could very well have gotten shot, and it would be quite legal.

In many states 12 hrs is reasonable. So 24hrs is probably the safest approach but not necessarily the only standard of what is reasonable. And yes, OP can refuse entry, but there is a price to pay depending on the circumstances.

I think the LL would reconsider giving notice if it were me as the tenant and in my state. If he were smart he would anyway.

I agree, but I sure as hell would not give an inch of my rights in the lease agreement.
I would however give reasonable notice of sometime the day before I would be entering, but not necessarily 24hrs. I would reserve that for what the situation merits and what the schedules of my maintenance people call for.