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Can i get my eviction thrown out if my landlord enters my apartment without prior notice before my eviction hearing?

Arlington, WA |

i am currently getting evicted from my residence. im in the process of moving out. i have given no notice to my landlord that i am moving. I still have things in my apartment that i am in the process of getting. my landlord entered my apartment today with out notice and before we have had a formal eviction hearing. my neighbor called me to inform me my landlord entered while we werent there. im not sure what to do from here, but i am extremely uncomfortable with it.

Attorney Answers 2

Posted

Short answer- No.

LL may have had grounds to enter. LL may enter without notice for an emergency (burst water pipe, smoke detector going off, etc).

Even if LL did enter without proper notice (24-48 hours notice is generally accepted as reasonable notice), you've suffered no damages, no harm, and although it places the LL in the awkward position of having done something LL shouldn't--it likely won't have any substantial effect on your eviction.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

It would not get the eviction proceeding dismissed, but it may make the landlord liable for $100. A landlord is required to give a 48 hour notice prior to inspection (24 hours to show the place, and no time requirement in an emergency). What a tenant must do is inform the landlord that they have illegally entered the unit and if they enter again with out a proper notice or permission from the tenant, that the landlord will owe you $100.

Regarding the eviction being thrown out, a court "loses the power to exercise subject matter jurisdiction" (a lawyery way to say the court does not have the power to rule in the landlord's favor) if possession is not longer an issue. That means if you move out, provide the landlord the keys, and relinquish your right to possess the rental unit, the landlord may not be granted a writ of restitution against you. Make sure to completely remove yourself and give back the keys prior to any court dates if you want to stop a writ from being issued.

This answer is for informational purposes only and should not be construed to establish an attorney client relationship. Before taking any legal action, it is always advisable to discuss your specific situation with an attorney.

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1 comment

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

Mr. Weatherstone said it better than I could have and he's right. Elizabeth Powell

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