If there is a purchase land contract, canthe landowner come onto the property without the buyer’s knowledge or consent and enter the home?

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If there is a purchase land contract, canthe landowner come onto the property without the buyer’s knowledge or consent and enter the home?

We have been buying our home/property on a land contract for 6 years now and are assuming the landowner is attempting to get it back by searching for ways that we may have breached the contract. She says numerous people have told her that we have garbage in our basement and I asked her who she had in our home and she refused to answer. She has put this in writing in a complaint. Do we have grounds for pressing tresspassing charges against her even though she is the owner? Also, if we ask her to leave when she stops by and is harrasssing us, does she have to?

Asked on March 17, 2011 under Real Estate Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are leasing to buy, correct?  A little bit of your rent every month goes toward the down payment or something like that?  You have the same rights as any tenant at this point in time.  Generally speaking a landlord can not just enter a leasehold (your home or apartment) at their whim.  They can always enter in an emergency - like to fix a water break or something like that - but otherwise they must give you a reasonable amount of notice of their intent to come in and it has to be for a legitimate purpose (to fix a broken window, let in a required inspector, etc.). She also can not let other people in without purpose or reason.  And you do not have to put up with her harassment and yes, you can ask her to leave if he is not there for a legitimate purpose.  I am not sure that you can go as far as trespassing given the circumstances but maybe something under the landlord tenant law in your area.  Look in to that.  Good luck. 


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