Sample Letter: When Landlord Violates Tenant Privacy

Landlords have a right to enter your rental property—but only under certain circumstances and after giving proper notice. Unfortunately, you might have a landlord (or manager) who doesn't respect your right to privacy—perhaps asking (too often) to stop by your apartment just to look around. The worst are landlords and managers who use a passkey to enter your rental unit without notice when you're not at home (and there is no emergency).

Tenants Have a Right of Privacy in Their Rental

Fortunately, many states have laws specifying when and how landlords may legally enter rented property. In some states, the laws regarding tenant privacy come from case law, meaning that even if you don't find a statute or code on point, your rights might still be protected by a court decision.

Your lease or rental agreement might also contain a clause regarding when a landlord can enter your unit. For example, a lease clause might state that the landlord can enter after giving the tenant 24 hours' written notice of the date, time, and purpose of the entry.

When a Landlord Can Legally Enter Your Rental

Landlords can always enter a rental—even without notice—when there is a true emergency. A true emergency can involve a risk of damage or harm to lives or property. Depending on state law and what's in your lease or rental agreement, a landlord can also enter (after giving proper notice):

• when you've given them permission
• to make needed repairs or improvements
• to show the property to prospective tenants or purchasers, or
• when they believe you've abandoned the property.

What to Do When Your Landlord Violates Your Privacy

If you feel your landlord or manager is violating your right to privacy, start with a friendly conversation, and follow up with a note to confirm your understanding. If this doesn't work, or if your landlord doesn't follow your agreement, write a tougher letter describing your concerns.

You can use the Sample Letter When Landlord Violates Tenant Privacy shown below as a template for preparing your own letter.

Sample Letter to Use When a Landlord Violates Your Privacy

This sample letter cites California law; you will need to edit it to reflect your state's notice requirements as appropriate. Also be sure to describe the specific privacy violations (including dates and times, if possible) that you've experienced.

June 13, 20xx

Roper Real Estate Management Co.
11 Peach Street
San Diego, CA 00000

Dear Mr. Roper:

Several times in the last two months, your employees have entered my apartment without my being home and without notifying me in advance. In no situation was there any emergency involved. This has caused me considerable anxiety and stress, to the point that my peaceful enjoyment of my tenancy has been seriously disrupted.

This letter is to formally notify you that I value my privacy highly and insist that my legal rights to that privacy, as guaranteed to me under Section 1954 of the Civil Code, be respected. Specifically, in nonemergency situations, I would like to have 24 hours' written notice of your intent to enter my house.

I assume this notice will be sufficient to correct this matter. If you want to talk about this, please call me at 121-2121 between the hours of 9:00 a.m. and 5:00 p.m., or email me (sally@sallys.com).

Yours truly,

Sally South

If you email your letter to your landlord, be sure to also send a hard copy via U.S. Mail (registered with return receipt requested) to the notice address provided in your lease or rental agreement. Keep a copy for yourself as well. In the unfortunate circumstance that you need to bring legal action against your landlord, the return receipt and copy of the letter will serve as proof that the landlord received your notice.

What to Do If Your Landlord Continues to Violate Your Privacy

If, after sending your landlord a letter such as the one above, your landlord continues to violate your privacy, it might be time to talk to a lawyer or contact a local housing authority for advice. Some state statutes lay out penalties for privacy violations, or give tenants the right to move out after giving the landlord a warning. Before you move out or take any drastic measures, it's important to fully understand your rights and what the consequences might be of taking action beyond sending a warning letter.

If you feel that the privacy invasions pose a risk to your safety, contact local law enforcement immediately.

For more details on tenant privacy rights and landlord's access to rental property, see Every Tenant's Legal Guide or (if you're renting in California), California Tenants' Rights.