Landlord entering house without permission or notice

[Anthony Honor]

Yes, it has to be in writing by default. If the landlord email the tenant, the tenant can simply ignore it. ( Do not respond! Responding is a proof that you received it.)

Certified mail seems like a wee bit of overkill for a 24-hour entry notice. Especially since this notice does not have to be in writing.

[Anthony Honor]

1. come up with proof of his entry. (For example, call the police and report an illegal entry, listing the landlord as a suspect, the police will do the questioning, which makes the evidence handy.)

2. Without proper notice (written, 24 hours ahead, with proof in the LL's hand that you did receive it, the notice is property draft, not an empty envelope, etc.), the entry is a 'forced entry'. The landlord pays $10,000 per entry. Go to court to get that $10,000 if you want or negotiate with the LL for an amount slightly lower so as to save some trouble.

3. On basis of landlord harassment, you can terminate the lease or negotiate a better term in the lease.

Bottom line: do not be intimidated by defective property managers or unethical landlords. Cvillecpm spent 45 years in the same job and still cannot retire--should anyone be intimated by his wit, his wealth, or his will?

Arizona

Is this grounds for early termination of my lease?

[Ohiogal]

1. come up with proof of his entry. (For example, call the police and report an illegal entry, listing the landlord as a suspect, the police will do the questioning, which makes the evidence handy.)

2. Without proper notice (written, 24 hours ahead, with proof in the LL's hand that you did receive it, the notice is property draft, not an empty envelope, etc.), the entry is a 'forced entry'. The landlord pays $10,000 per entry. Go to court to get that $10,000 if you want or negotiate with the LL for an amount slightly lower so as to save some trouble.

3. On basis of landlord harassment, you can terminate the lease or negotiate a better term in the lease.

Bottom line: do not be intimidated by defective property managers or unethical landlords. Cvillecpm spent 45 years in the same job and still cannot retire--should anyone be intimated by his wit, his wealth, or his will?

Or if they continue in this way they can find themselves evicted. Exactly what is your background?

[Ohiogal]

Yes, it has to be in writing by default. If the landlord email the tenant, the tenant can simply ignore it. ( Do not respond! Responding is a proof that you received it.)

Actually it does not have to be in writing. it can be email and if the tenant ignores it then that is on the tenant.

[Andy0192]

Anthony:

Please explain what legal grounds you say the tenant has for breaking his lease? He does not have an injunction against the landlord.

Please quote Arizona law where the landlord's 2 day notice of entry must be in writing, and must be acknowledged by the tenant.

Thanks.

[Andy0192]

2. Without proper notice (written, 24 hours ahead, with proof in the LL's hand that you did receive it, the notice is property draft, not an empty envelope, etc.), the entry is a 'forced entry'. The landlord pays $10,000 per entry. Go to court to get that $10,000 if you want or negotiate with the LL for an amount slightly lower so as to save some trouble.

3. On basis of landlord harassment, you can terminate the lease or negotiate a better term in the lease.

Please give your legal basis for telling the OP he's entitled to a $10,000 claim.

Arizona law says this:

33-1376. Landlord and tenant remedies for abuse of access

B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, [U]the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent.

Does the tenant have actual damages for his 'made' bed?

[Anthony Honor]

Civil Code 1954

"seems' is not the language in law.

Privacy is human right. This can go way beyond tenant law---you do not need a code in tenant law saying if the ll harass you you can break the lease, No!

You do not even need a code in the law saying this this and this is harassment. If the jury says this is harassment, it is harassment. If it is a harassment, the landlord pays!


The nature of the reasonableness of the notice seems to be to give you time to pick up the place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not clear, here, and the above is the best interpretation of what the law probably is.

Anthony:

Please explain what legal grounds you say the tenant has for breaking his lease? He does not have an injunction against the landlord.

Please quote Arizona law where the landlord's 2 day notice of entry must be in writing, and must be acknowledged by the tenant.

Thanks.

[Anthony Honor]

If someone on the street shave your face with the best knife and best shaving skills, without your consent, when you are sleeping, what is the actual damage? Can you sue for a free shave? Read the keyword of my response, please.

You sue the landlord, you sue each potential tenant/buyer separately, even in a small claims court, how much would that add up to? $10,000 is assuming you can claim only $5000 in a small claims court. In California, that number is $7500!

Please give your legal basis for telling the OP he's entitled to a $10,000 claim.

Arizona law says this:


Does the tenant have actual damages for his 'made' bed?

[Andy0192]

Civil Code 1954

"seems' is not the language in law.

'Seems' you are giving California's code. OP is in Arizona.

[Anthony Honor]

Yes, I am talking about California law.
If you cannot shave someone when he is sleeping in Arizona, the principle applies in Arizona--the landlord bears the burden to prove that he/she has given notice. If he/she has proof that the tenant responded to his/her notice (whatever form it is), he/she is fine. Otherwise, he/she has to do more. In this case, the tenant is not notified in any way. Which means, if the tenant has the proof of the entry, he is in title to compensation.

'Seems' you are giving California's code. OP is in Arizona.

[Andy0192]

I'm not a lawyer. I'm going to sit back & let the lawyers tell you how wrong you are, and how much trouble you could cause for a tenant who takes your advice.

[Anthony Honor]

If someone shave your face without your consent, does your silence keep you out of trouble? More shaving is on the way, and they are all nice and free!

If your privacy, your dignity and the possible compensation are worth more than the trouble of a legal action, sue. If not, keep your silence. Again, your keeping silent does not guarantee you out of trouble.

Nobody can predict the outcome of a lawsuit. (You seem to be an exception.) My post only provides information to balance out the intimidation from defective property managers like Cvillecpm, who are still around simply because the ripped off tenants assume that they lack what it takes to sue and win.

If by 'trouble' you mean 'eviction', check the detail, it is not a long painful process to evict a tenant (in California) and the tenant can revert it in court (in California). Don't forget that the tenant do not need to pay rent in that process.

I'm not a lawyer. I'm going to sit back & let the lawyers tell you how wrong you are, and how much trouble you could cause for a tenant who takes your advice.

[debtcollector`]

...deleted silly inane dribble

silly little boy. If someone shaves you without your consent that isn't an invasion of privacy -- it is assault with a weapon.

Now, please, you know nothing. You post nothing of value and you present an opportunity for some naive poster to damage themselves by following your dribble. Go away.

DC

[humbleghost]

I simply want to get out of my lease. I don't need to sue, or involve police and I would like to avoid court.

I have record of the date my LL entered as the merry maid, I also have recorded several other failed notices when the realtor walked in unannounced.

I greatly appreciate the interest everyone has shown and the knowledge presented, fact or fiction.

Basically, my lease is not up until September, I am moving out on the 24th of this month (July) so I have a month and a week of lease which my LL is trying to hold me accountable for.

I'm just looking for an easy way out. I've been very patient with this neglectful landlord of mine, he has broken every promise made and has not become intolerable.

[Anthony Honor]

If the LL is trying to sell the house, it is better for him/her to sell it now because unemployment rate is still going up, which means it would be harder and harder for him/her to sell the house the longer he/she waits. (Check the history of economic recessions, unemployment will keep rising until 6 months after the official announcement of the end of the recession. )

Make his next showing of the house at least as hard as the realization of his promises. It gives him/her the incentive to let you terminate the lease early so that he can easily show the house and quickly sell it.

Tell me how it goes.