if my landlord is invading my privacy, can I sue him or break the lease?

My landlord is invading my privacy. I moved in 3 months ago. Since the day I moved in, he has literally been in my yard every single day. He lives right next door. He claims that he’s in the yard to look around and see what he can do next ( as far as planting goes). The other night at 7:30 pm I saw him in my backyard smoking a cigar. Every single time I have company over he will make an excuse to be in the yard (water flowers, etc. ) He never gives me any warning. He will use loud machines such as weed-wakers, lawn mowers without any warning. He also tells my company what they can/can’t do.

Asked on August 30, 2011 New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of each state in this country when a landlord leases out his property to a tenant, he gives up "possession" of the property to the tenant and has no legal right to be on the leased out property other than to do agreed upon repairs and maintenance and/or emergency repairs and/or to be on the premises to show the property to potential renters or buyers.

What you have written about your landlord, he has no right to be on the leased out property with excuses for planting and maintenance of the yard. He has no right to tell your guests what they can and cannot do on the property.

Good question.

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