Can we get out of our lease or require our landlord’s to give us notice of entry?

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Can we get out of our lease or require our landlord’s to give us notice of entry?

I rent an apartment and my landlords have entered my apartment on a few occasions without notice of entry. I remember a slip of paper a few months back saying there may be scheduled maintenance every Thursday, today (Tuesday) I came home with a notice on my door saying they were in my apartment. I have a dog and I like putting him in a crate or in another room so to not disturb maintenance people and when I came home my dog was scared out of his mind like he had just been beat. I just want notice or to get out of my lease, they also made me resign my lease 6 months before my lease expired.

Asked on July 12, 2011 under Real Estate Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under KS law, a landlord has the right to enter a dwelling unit at reasonable hours and after reasonable notice to the tenant, in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or show the unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  Additionally, a landlord may enter the unit without consent of the tenant in the case of an emergency (i.e. extreme hazard involving the potential loss of life or severe property damage).  You should be aware that the applicable statute implies, but does not explicitly state, that the right to make a non-emergency entry can only be done with tenant consent (which means that a landlord would have to go to court to get an order without the tenant's permission).  Written notices are not required.  Finally, a landlord may enter unit as necessary in case of an absence by tenant of more than 30 days. (Kans. Stat. Secs. 58-2557, 2565)

You therefore need to make your landlord aware of the law. If he still continues with unannounced entry, then you have a right to terminate your lease, and possibly sue for the expenses of moving due to a breach of the covenant of "quiet enjoyment" which is implied in every residential lease. However before taking any action to vacate the premises you need to consult with a landlord-tenant attorney or at least discuss your situation with a tenant's advocacy organization. If you feel to follow all requisite legal steps regarding termination you can incurr legal liability yourself.


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