What legal rights do I have as a tenant? My landlord has been overstepping boundaries and I need help.

UPDATED: Sep 30, 2022

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What legal rights do I have as a tenant? My landlord has been overstepping boundaries and I need help.

My landlord which I don’t know if she is legally renting this place out to me or not has entered my residence without notification, has harassed my guest and me, told me I was not allowed to have visitors. And she now is asking me for the rent on the 15th when it is due on the 1st and I told her that it is due on the first, but she came back if you don’t give me the money, you will need to leave the property.

Asked on June 13, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You most likely can treat the lease as terminated due to your landlord denying you the "quiet enjoyment" of your rental unit: a tenant is entitled to use and enjoy his or her rental without undue interference from or disturbance by the landlord. You should, however, provide at least one, preferably at least two, written notices to the landlord, sent some way that you can prove deliver (e.g. fed ex or certified mail), receiting her entry of your residence and harassment of your guest and asking her to desist; if she does not stop doing this after written notice and an opportunity to stop, you should be on strong ground to claim termination of your lease due to her violation of your right to quiet enjoyment.
As to the rent: if the lease says that the rent is due on the 1st, she can't change that without your consent or agreement. If she tries to evict you for that reason and you want to stay, as long as you pay when the lease says the rent is due, her attempts to evict you should be unsuccessful.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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