I began renting a flat through a management company in March of this year. The actual owner of the house has entered my residence several times without my permission. I have told the landlord face to face that a landlord needs to give a tenant at min of a 24 hour notice to gain access. However, she continues to do this. I have contacted the Mgt. Co and was told they have also told the home owner to stop. Yesterday was the last time this happened. I had actually placed a chest of doors in front of the door where she has been gaining access. Her son pushed open the door and knocked over the chest of drawers. When I confronted him, he acted as if he had no idea that he needed permission although he has been told. I am so sick of this! Can I legally break my year lease? My rights?
Landlord entered my home yesterday without permission. The day before yesterday as my nephew was leaving my home landlord was in my yard and INSISTED in a very loud voice that he go back in and get me and demanded that she have access to the basement right then.
Family Law Attorney
As you know, access without notice is a violation of your rights as a tenant. I would hire a landlord-tenant attorney to put the owner and management company on notice that entry is not permitted without adequate written notice and may be grounds for your termination of the lease.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
Landlord / Tenant Lawyer
You are entitled to "quiet enjoyment" of your rental unit. Document the intrusions upon your privacy and the fact that you have notified the owner and the management company that the owner and/or her son are not to enter without 24 hours prior notice. If she continues this practice, you would then have a reason to give 30 days notice of your intent to vacate for her breach of your lease. They may just let you go, or they may try to enforce the lease. But, if they do try to enforce the lease, you have a good defense based on the owner's behavior.
Best of luck to you,
John J. Keenan
This response applies to Michigan law only. This initial response to your question(s) is for general purposes, only, and is based upon the limited information you have provided. Therefore, this general answer should not be relied upon as a reason for your action or inaction. This response does not establish an attorney-client relationship; such a relationship may only be established by the signing of a written retainer agreement, and the payment of the agreed upon retainer. Please call me, or another attorney of your choice, with more details, and for an appointment to discuss same. Thank you for this opportunity to address your question(s).
I agree with my colleagues. It sounds like you are going to need to have an attorney write to the management company and the lawyer insisting that this behavior stop. If they fail to do so, then you would be within your rights to break the lease.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!