i am a tenant in an apartment and i had made a service call for maintenance to fix my fridge. i was told i would receive a call before the arrival to assure i was home as this visit could be any day. i never received a call so when the maintenance man did show up with a knock on my door i wasn't prepared and couldn't answer right away. given i was a little late to the door he had already used his key and opened my door a bit before i yelled "excuse me" and slammed it on him. obviously this made me uncomfortable. in the lease it states if it is an emergency they can enter without permission. in this case it wasn't an emergency. for all he knew i wasn't home. i called to complain and the staff said they usually knock hard and if no answer then they come in. i said no and to put in the system they can not enter without me being home. the staff also was not aware he had come that day to maintenance. so again with me not receiving a call and the staff not knowing he was here, what if i was not home and he was in my apartment unattended?! this is absurd. i have to have some rights to my home as a tenant, right?
You do have rights to privacy and quiet use and enjoyment. As you describe the facts, it is apparent that these rights were breached. As far as recourse, it appears as if this was an isolated incident, not rising to a level of material breach. Notwithstanding, if this becomes perpetual in nature, you would be entitled to rental abatements, Defer to the terms of your lease regarding tenants rights where such breach occurs. Good luck to you.
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The terms of the lease prevail. Most residential landlord-tenant leases in Kansas provide that the landlord may enter for purposes of inspection and making repairs.
The answer above is only a general statement of the law and not intended as legal advice. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific legal advice. It is not meant to create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
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