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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53935
Experience:  Experience representing landlords and tenants.
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Land lord entered the house before 8 am while people were

Customer Question

Land lord entered the house before 8 am while people were sleeping and disturbed their property unannounced. The tenats sleep in their undergarment and am upset. Landlord said she saw cracked door so she entered their room.
I am 2 nd month into 12 mo lease.
What are my rights.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.

Landlord violated tenant rights. No basis to enter. His recourse was to knock or call the police if concerned there was a breakin. Tenant may complain to landlord and file a complaint in court for breach of tenancy rights. Kindly let me know if the answer is clear and acceptable.

Customer: replied 1 year ago.
Is the act by the land lord enough to void lease... The guys do not want to stay there anymore. She visited and entered the house two more days into the non bedroom areas following the first breach.
Expert:  Infolawyer replied 1 year ago.

It is a material breach. Can seek to cancel based on the breach or sue landlord for damages and have court hold landlord breached lease and lease cancelled. Often the court will warn landlord not to repeat this again and release tenant but not guaranteed.

Customer: replied 1 year ago.
I offered her she can keep the deposit and remaining 1/2 of un used month of occupancy and call it quits but she declined.
Expert:  Infolawyer replied 1 year ago.

You would need to sue landlord in court, or leave with letter, and if landlord sues for rent, counterclaim based on landlord conduct.

Expert:  Infolawyer replied 1 year ago.

Please let me know if the answer is acceptable.

Customer: replied 1 year ago.
Lease was to start sept 1 st, she gave me the wrong keys and almost was arrested for attempted break in but nothing happened, police left after I explained.
Then the breach, what is my damage for un easy stay and we work nights which LL knows and she has the key and bolt key which she only has... She can access the house anytime.
Can I counter claim damages of hotel and or alternative housing?
Expert:  Infolawyer replied 1 year ago.

Yes, those are recoverable and direct result of landlord breach.

Expert:  Infolawyer replied 1 year ago.

You may also ask the court to award costs and legal fees. Good luck. Kindly click on an excellent rating

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