Cana landlord enter onto a rental property without notice or consideration of noise or encroachment of privacy?
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Cana landlord enter onto a rental property without notice or consideration of noise or encroachment of privacy?
I rent a cabin in the woods and my landlady comes over without warning 2-3 times a week. Recently, I came home to find her and her sons building a shed on the property without warning. They hammered away over 4 evenings. She stores wood chips on the property and comes by with a tractor to take from the pile. The property has a fire pit and she is filling it up with garbage to burn. She even sweeps my porch on occasion. Sometimes I come home and there are mini-towers of rocks that she has erected.
Asked on May 30, 2011 under Real Estate Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the landlady for breach of the covenant of quiet enjoyment. The covenant of quiet enjoyment is in every lease and prohibits disturbing the tenant's use and enjoyment of the property. The noise and the other items you mentioned would constitute breaches of the covenant of quiet enjoyment. The garbage in the fire pit would also be waste ( an act destroying the value of the property). The rock towers might also be construed as waste. Removing the wood chips with the tractor may also constitute breach of the covenant of quiet enjoyment if it interferes with your use and enjoyment of the property.
As for notice, the landlady would be required to provide notice before entering your cabin unless it is an emergency. The amount of notice varies from state to state, but is usually 24 hours written notice.
The landlady should have provided reasonable notice before building the shed.
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