Landlord breaking and entering

Question Details: I recently moved out of an apartment, and while I was there (about 2 months ago), my landlord entered the locked apartment completely unannounced and without any notice whatsoever. He did knock but I didn't answer the door because I was in the shower. I am not living in the apartment anymore. Can I sue him for breaking and entering and/or trespassing?

Asked 11/1/2009 under Real Estate | 280 View(s) | More Legal Topics

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Real Estate Law Answers

It depends. What was his reason for entering--was it to make repairs or conduct maintenance? To inspect the place for some valid reason? To let a contractor or exterminator in? To show the place to a prospetive tenant or buyer, or to verify that it was in shape to do so?

Landlords may enter for all those reasons. They are supposed to provide notice, but the failure to provide notice, especially on a single occasion, does not give rise to liability. If the landlord was therefore entering as part of his responsibilities or rights as landlord, there would be no liability.

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