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Was this entry illegal?

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H

hrtlm

Guest
**HALKET?** Was this entry illegal?

What is the name of your state? Washington

My landlord gave me notice on 8/28/02 that she would be entering my home on 8/31/02 to retrieve property that she had loaned me. First of all, I think that's illegal, as the table and chairs are listed in the lease, saying that if they are missing when I leave, I owe her $65. Am I right? She says the items are her personal property, were just a loan, and that she wants them back.

Anyway, here's my main question: She doesn't come on 8/31/02, but on 9/1/02 instead. I opened the door and she walked into the house. I told her that she did not have permission to enter and that she needed to leave. I told her that it was 9/1/02 and that her notice said she's be entering on 8/31/02. Her position is that she did me a favor by giving me 4 days notice instead of 3. It's my position that she can't just have some open right of entry. I also feel that she had no valid purpose for entering anyway. She never mentioned emergency, inspection, repair, or prospective buyers (She calls them suspective buyers. Oy!).

I'm interested in all of the issues outlined above, but specifically inteterested in whether or not she needs to pin down a specific date (and time maybe?) of entry, and if she comes a day later, does she still have a right to enter.

I also videotaped the entire encounter.

Also, I have one other question. I understand Washington's laws about right to privacy when it comes to the home I rent, but what about the entire property? I can't find mention of the yard, storage shed, etc. I live right near Puget Sound, so I don't have privacy curtains (fairly rural area). It feels to me like an invasion of privacy for her to even come onto the property, but I don't want to violate the law. Does anyone know?

Thanks so much!
 
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C

CA. Landlady

Guest
Maybe you should not have opened the door. You could have also called the police if you felt she had entered without permission. You may want to write her a letter about your feelings of invasion of privacy and warn her that you will be calling the police if she continues to not afford you your right to quiet enjoyment of the premises. You could say that you are also feeling as if she is stalking you by her unannounced vists in the yard and shed.
 

abezon

Senior Member
The Residential LT Act is in RCW 59.18.

You may not unreasonably withhold permission for her to enter the premises to inspect or make needed repairs. She has to give you at least 24 hours written notice that she will be entering at a specific time. (RCW 59.18.150) Whether she violated this section is debatable. I tend to think she did violate it. You could file a trespassing and theft complaint against her and let the sheriff's office decide.

If you want the table & chairs back, send her written notice that she is in breach of the lease that furniture is included in the rent and has 10 days to remedy the situation. (RCW 59.18.070) You can then sue for diminished rental value (RCW 59.18.110) and a court will drop your monthly rent by the cost of buying or renting new furniture.

If you don't want them back, send her written notice demanding a receipt for the table & chairs so that she cannot claim damages for them when figuring your security deposit refund.
 
M

mrjumble

Guest
entry

in Az, if you put a "no trespassing" sign on your door , your landlord cannot legally enter your apartment. you may want to find out in your state. also NO, she cannot just walk into your house, whethere or not you open the door, & yes she does have to specify what time she will be there.
if the table & chairs are part of the lease, she cannot just take them away either, the other guy was right, call the law & let them handle it!:)
 

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