Can my landlord come in my home when I am not there and leave a threatening letter?
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Can my landlord come in my home when I am not there and leave a threatening letter?
I rent a house from my landlord for $500 a month. In the lease it says we have until the 5th to pay, and if not then we are fined $50but have until the 11th to pay the $550. On the 3rd he came in my home when I was gone and left me a threatening letter, all because I haven’t spoke to him. However my cell is off and I planned to pay him on the 5th. He is saying that I have until the 10th or he is going to padlock me out the house, even though I have never not paid and never been past the 5th on paying rent.
Asked on August 3, 2011 North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) A landlord may NOT enter your home at will. He may only enter for certain recognized reasons (e.g. for maintenance; for an emergency; to show the space to prospective renter or buyer; for an inspection; for pest control) but not otherwise, and even for those reasons, except for an emergency, must provide notice (usually 24 hours).
2) A landlord could certainly mail you a letter saying that you should respond to his calls and stay in touch, or slip such a letter under your door.
3) A landlord may only evict you for certain statutory grounds (e.g. threatening or harming him, or willfully damaging his property) or lease violations (e.g. non-payment)--he cannot evict you because you won't stay in communication with him, unless the lease requires you to. Similarly, if the lease gives you until the 11th to pay, you have until the 11th.
4) Even when a landlord can evict, he MUST do it through the courts and may not simply padlock the house. If he does that, he's broken the law and you could sue him for compensation and to be let back in.
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