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Owner invading my privacy! Please assist!

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tpope589

Junior Member
What is the name of your state? Mississippi

I hope someone can assist me. We have been leasing a home while we build our new one. The lease expired on June 15. The property management Co. allowed us to lease on a month to month basis if we agreed to let the owner show the property and make repairs so that she could sell it. We agreed. We have consented to every single appointment That was made. We have never once said that “that’s not a good time for us” or “let’s make it another day”. When I knew the owner was going to show the house, I had the carpet cleaned. I made sure the house was clean and neat before they came which is difficult with three kids going right behind me and messing up what I just cleaned up. I even loaded up my three kids and left so that the owner could have privacy to show the house. We have tried to accommodate the owner in everyway possible so that she could make repairs, show the home, have it appraised etc. Thursday, around 5:00, 6 people showed up unanounced. A termite inspector, the owner, the buyers and a man from a cabinet company. They came to measure and pick out new cabinets. I never consented or was given notice to expect them. The whole situation was very tense and uncomfortable for me and my family. They stayed in the kitchen for 45 minutes discussing and socializing. I called the property manager and she said she "tried to call" on Monday but didn't get an answer. I looked on my caller id and she called while I was gone to pick up my kids from school. She never once tried to contact me again and she has my cell phone number and I have voice mail. She gave them the red flag to come without my permission. Just because she tried to contact me one time does not justify the liberty that was taken with my family. I was so angry with the situation. I finally pulled the owner to the side and told her in a nice way that I needed to get in the kitchen to cook dinner for my family and that they needed to wrap things up. She acted really nasty. I told her I was never notified they would be coming and that I was uncomfortable. They finally left but they stood outside talking for another 15 minutes with the buyers in the driveway. We have legal possession of the house through the 5th of September. Can I exercise my right of enjoyment and refuse to let anyone else on the property and would my local police dept be in my corner and support my rights? I have got to get packed and move and that is stressful enough without worrying that this will happen again. They are trying to close on the 2nd of September and I suspect they will find anther reason to come back. I want to be left alone. We will be out in a little over a week and any business they have here could be conducted once we are gone. Especially, picking out new cabinets. Please assist and thanks in advance for your help.
 
Last edited:


BelizeBreeze

Senior Member
Mississippi does not have a specific 'right to refuse entry' statute on the books so this situation will be addressed (or not) in your lease. If it is not, then you have the right to refuse entry without notice or 'emergency'.

Of course, they also have the right to not renew your rental.

Since you're only going to be there a short time and since you are in the same situation as the owners, this really boils down to a 'work it out' situation.
 

tpope589

Junior Member
Lease does not specify. Please assist~

Thank you for your reply. My lease does not specify one way or the other. I found this info in another location on this site:

Question
- Can a tenant refuse to let an agent onto property after receiving 24 hours notice? The lease does not cover the issue.

Answer

During the pendancy of the lease, and for all intents and purposes, the home and the land it sits on "belongs" to the tenant, and you have no "right" to invade your tenant's "quiet enjoyment" of the property. The tenant may allow, or disallow, anyone he or she wants onto the land or in the home. You can tape a "request" to the door and ask the tenant, very nicely, to call you about the situation, but don't be surprised if he / she says "No."

Would this also apply to me since it is not covered in my lease? Thank you so much for your help!
 

BelizeBreeze

Senior Member
tpope589 said:
Thank you for your reply. My lease does not specify one way or the other. I found this info in another location on this site:

Question
- Can a tenant refuse to let an agent onto property after receiving 24 hours notice? The lease does not cover the issue.

Answer

During the pendancy of the lease, and for all intents and purposes, the home and the land it sits on "belongs" to the tenant, and you have no "right" to invade your tenant's "quiet enjoyment" of the property. The tenant may allow, or disallow, anyone he or she wants onto the land or in the home. You can tape a "request" to the door and ask the tenant, very nicely, to call you about the situation, but don't be surprised if he / she says "No."

Would this also apply to me since it is not covered in my lease? Thank you so much for your help!
Since Mississippi state statutes are silent on the issue and because your lease is also silent on this issue, then I would concur that the above applies to your particular situation.
 
It's been my experience that the police like to stay out of these situations as much as possible. They usually feel that they have more important things to do than act as mediator between landlord and tenant.

If your lease does not address the landlord entering/inspecting the property AT ALL then whatever your state law says about the issue would prevail.

As a landlord, I would never enter a unit without prior consent unless there was a dire reason to do so. But, I've never had a tenant refuse me entry either. Since you gave them permission to enter with notice I'd just try to make it through the next couple of weeks. Call the manager and tell her that you're not please with the situation that took place. Tell her that you'll expect no one to enter until someone has actually spoken to you - not just attempted to call.

The thing I'd worry about at this point is if you try to deny them access they may just come back when no one's home and come on in. That would be way wrong, but I know landlord's who operate that way. (Which stinks! Gives us all a bad name.)

Hopefully this will be an isolated incident.
Karla in Amarillo
 

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