- April 30, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation: Mom’s Landlord Invades Privacy
My mom recently discovered that her landlord has been entering her apartment without her knowledge, going through her personal belongings. This invasion of privacy has left her feeling violated and upset.
After setting up a camera in her apartment, she was able to capture footage of the landlord rummaging through her kitchen, laundry, and bedroom. The video also captured the landlord talking to herself while going through my mom’s belongings in the closet.
In West Virginia, landlords are required to provide “reasonable notice” before entering a residence. It is unclear if it is legal for a landlord to enter a tenant’s home solely to go through their belongings without permission. The video does not reveal if anything was taken or left behind during the landlord’s unauthorized visit, which lasted for a total of 3 minutes.
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AI Legalese Decoder can assist in analyzing the legal implications of this situation by providing guidance on tenant rights and landlord responsibilities in West Virginia. By inputting relevant information and footage from the video, the AI technology can offer insights on the legality of the landlord’s actions and potential courses of action for your mom to take. This tool can help streamline the process of understanding and addressing legal issues related to landlord-tenant disputes, ensuring that your mom’s rights are protected.
What steps should your mom take in response to this troubling incident? It is important to address this violation of privacy promptly and seek guidance from a legal professional to determine the appropriate next steps.
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Your mom might remind her landlord that WV requires landlords to give their tenants reasonable notice before entry, outside of emergent situations.
If this behavior continues without proper notice, your mom’s landlord might be violating her right to quiet enjoyment of her rental space. One of the remedies for that might be the ability to break the lease and move out penalty-free. Is that an outcome your mom wants?
Reasonable notice is not required for emergencies but, obviously, this wasn’t an emergency. I can’t fathom any legitimate reason for a landlord to inspect clothing, the dryer, kitchen, and closet. Even if there was some emergency, the landlord should have immediately notified the tenant when entry was made and for what purpose.
Recourse depends on what your mother’s goal is.
Maybe look into pressing criminal charges. Without a emergency or notice to want to enter and inspect you might be able to press charges for some kind of trespass, breaking and entering, etc. Landlords have to follow the law just like any regular person. Also have your mom inventory all of her possessions and keep a list of them off site from this residence maybe with her insurance company if she has renters insurance. If something went missing most definitely file theft charges. Landlords are not allowed to enter in most states without 24hr notice or a legitimate emergency.
Your mom may have evidence that her leaving before the lease expires is due to LLs breaking the agreement. So move out ASAP and let LL sue for unpaid rent or their “security deposit is forfeit” claims afterwards. LLs intrusion is a violation.
Anything missing? Call the police the day she’s moving out.
Your mom should engage a local, smaller attorney that regularly handles tenant-landlord cases. She may need to look around, but she should be able to find someone who offers an initial consult for free.
A decent attorney will be able to write and send an official demand letter to the landlord for a small-ish fee. That letter should make the landlord aware that their illegal action was caught on camera and request a remedy of immediate termination of the lease without penalty as well as the return of any deposit it full within X days of her moving out. The attorney may also advise your mom initially ask for more (like moving expenses) so she can settle for just immediate move-out and her deposit.
In the meantime, your mom should follow any advice the attorney gives her.
Your mom could handle this herself but, honestly, the fastest way for her to resolve this with the least amount of back-and-forth is going to be with the help of a local attorney versed in tenant-landlord case law and the general sentiment of local judges on cases like this. She may pay out to the attorney a sum similar to her deposit, but if she can afford it, I would consider it worth it to get away from this landlord. Generally, someone sneaking through your things like this means one or multiple of a couple things- They’re unhinged. They’re a massive creep. They’re attempting property theft. They’re attempting identity theft. None of these are any good.
Additionally, she should consult the attorney on whether it’s in her favor to let the other tenants know what’s happening. It’s one thing for a single tenant to have video evidence of a trespassing landlord. It’s another for multiple to have it.
Might want to see if you can set up a camera at a window that shows the front door from the outside, if it happens again you’ll want to probably see proof they never posted a notice. I wouldn’t put it past the LL to lie about posting notice if they’re already doing crazy stuff.
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Check with your local or state legal aid. If she’s moving out anyway,she may want to file a small claims lawsuit. My state penalizes the landlord in the amount of 3x whatever the rent is.
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