Forcible Entry By Landlord

[OHlandlord]

I'm not going to enter the debate over this except to say that my paperwork shows that Tennessee has no amount of notice specified and that the LL may enter the unit to deal with an emergency, to inspect the premises, to make repairs, alterations, or improvements, to show the property to prospective tenants or purchasers, or during a tenant's extended absence. So according to this, the LL need not give any specific notice to come in.

If you can't negotiate this point, the deadbolt or chain is a good idea. This would stop him from entering without notice at least. I would opt for the chain as it can be installed with a minimum of damage and would not violate a lease clause that says you cannot rekey without providing one the the LL. A deadbolt requires drilling holes in the door and frame, a chain only needs a few screws. Much less damage is done with a chain.

The point about the difference between notice to enter and consent to enter does have merit. Without consent, it becomes forcible entry. If you deny the LL consent to enter, and he does it anyways, then it is forcible entry. However, if you consistantly deny him consent to enter, he can get an injuntion to enter anyways or have you evicted for unreasonably withholding consent. However, since he seems to intend to use these entries to force you out, he may intend to abuse this right of entry. Keep track of his repeated entries or requests to enter. If you can show unnecessary entries, you may be able to take him to court over this.

One other question, had you complained about pests and requested that an exterminator come to the unit? If you requested that service, in some places you gave him permission to enter when you made the request.

 

[Alaska landlord]

Ditto on OH.

I will only add that consent is a form of communication that is initiated by tenant in response to an act of entry or proposed entry. A notice to enter when given is initiated by the landlord in an attempt to enter. Right of entry is a legislative concept or guide(law) by which the landlord or tenant can base his or her conduct regarding entry.

Justalayman, I don’t mean to pick your argument apart, it’s just that entry is a sore issue with me and something I have gone round and round with on many occasions with tenants. Especially those that call me after hours, demand repairs and when I show up in the morning to conduct them they site a 24 hr notice clause. Some of my tenants like to sleep till noon

 

[frivvy89]

Here's what happened, he has now evicted me

I just moved into this house for rent on 6-28-07. Before I moved in the landlord stated that he sprays for insects every 3 months. On 7-09-07 at about 10am My wife and I heard a knock at the door that woke us from our sleep. After getting up and looking out the window to see who it was. I noticed it was the landlord. By the time I put on my pants, he was coming in the backdoor since my front screen door was locked, and walking through the house with a pest control worker. My wife was still in bed as he walked in our bedroom without knocking. It upset us both. So, I waited until he finished and was getting into his vehicle when I called him back to talk to him about it. I said to him, "This shouldn't happen like this anymore." He then said if I didn't like it, then I can pack my stuff and move out. About 2 days later, on 7-11-07 after checking the mail, my wife noticed a letter from the landlord stating my family and I were being evicted from the premises. What can I do about this situation? I haven't breached any contract nor did I disrespect the landlord in any way. We spent over $1,000 making this move and we don't have the money to just move all of a sudden.

 

[Caveman]

Yo!

[Alaska landlord: asked , said, stated:, You are mixing apples with oranges.

Can we have a fruit salad here? I mean I would like a breadfruit or a fruit from my time thrown in but they are extinct. But I think Some TIME needs to be elapsed B4 these things should happen and if THE FRIGGIN STATES COULD GET TOGETHER! ( Sorry trying to get Air in my Cave and running into problems with codes) Then we could just get some real people problems situated. I am hot and bothered for more reasons than one.

All of you have pretty good reasons, noone can help the OP and therefore the Judge has the same damn prob if this comes down to it.

Red tape used to be a fish I knew before I got frozen. Now it freezes things. ( buy the way it tastes like tuna over the coals for a few seconds. Yummy.. Maybe TAPE-TUNA. fishy.

Yes Cognac at my door again. What is that about? am I that good. I don't know the COg issss gooddd.

 

[justalayman]

through this whole thing, I don;t remember if you have a defined term lease or if you are month to month.

 

[acmb05]

I just moved into this house for rent on 6-28-07. Before I moved in the landlord stated that he sprays for insects every 3 months. On 7-09-07 at about 10am My wife and I heard a knock at the door that woke us from our sleep. After getting up and looking out the window to see who it was. I noticed it was the landlord. By the time I put on my pants, he was coming in the backdoor since my front screen door was locked, and walking through the house with a pest control worker. My wife was still in bed as he walked in our bedroom without knocking. It upset us both. So, I waited until he finished and was getting into his vehicle when I called him back to talk to him about it. I said to him, "This shouldn't happen like this anymore." He then said if I didn't like it, then I can pack my stuff and move out. About 2 days later, on 7-11-07 after checking the mail, my wife noticed a letter from the landlord stating my family and I were being evicted from the premises. What can I do about this situation? I haven't breached any contract nor did I disrespect the landlord in any way. We spent over $1,000 making this move and we don't have the money to just move all of a sudden.

Do you have a lease or are you month to month renters?

As far as the notice of entry, State law says as long as they were doing routine maintenance they did not have to give notice of entry. Since you were informed that pest control was part of maintenance then landlord violated no laws.

The statutes that they are quoting above do not apply to your situation as he was there to perform maintenance to the dwelling and you had prior knowledge that he would be doing it. You may not have known exactly when he would have it done but that does not matter.

 

[frivvy89]

Re:

Hello all,

I'm sorry I forgot to mention that I am a month to month tenant. Well I was until I received the letter today for my eviction in 30 days. Can he really do that? I haven't breached any contract.

 

[Just Blue]

Hello all,

I'm sorry I forgot to mention that I am a month to month tenant. Well I was until I received the letter today for my eviction in 30 days. Can he really do that? I haven't breached any contract.

Was the paper an eviction notice or a termination of tenancy notice?

 

[frivvy89]

Re:

It was a paper he typed up and mailed to my home. It said that my family and I had 30 days to move. The only reason this happened is because I confronted him about walking in without notice. I didn't cuss him or anything. I just said I didn't want him to just walk in.

 

[acmb05]

It was a paper he typed up and mailed to my home. It said that my family and I had 30 days to move. The only reason this happened is because I confronted him about walking in without notice. I didn't cuss him or anything. I just said I didn't want him to just walk in.

Sorry but without a lease he can give you proper notice to move at any time just as you can give proper notice that you want to end the lease and move.

 

[frivvy89]

Re:

The lease is a one year lease. He can still breach the contract?

 

[Just Blue]

The lease is a one year lease. He can still breach the contract?

Is it one year or month to month???

 

[frivvy89]

Re:

I'm sorry for confusion. I do have a one year lease.

 

[justalayman]

we have this thing going on two threads.

frivvy, it's best to keep the entire situation in just one thread. You should close the other one.

 

[OHlandlord]

frivvy89, now you are just as confused as we all are. ;-) Is it a month to month agreement or a lease? Read it carefully. If it says that "either LL or tenant can terminate with 30 days notice", you have a m2m agreement, not a lease. If so, he can terminate it. Since he sent you this 30 day notice, I'm guessing that it really is m2m, in which case you need to start looking for another place very soon. If it were a lease, he would have to have just cause to terminate.