Can Your Landlord Come to Your House or Apartment Unannounced?

The short answer is: your landlord can’t come to your dwelling without notice unless there is an emergency or unless you’ve abandoned the property. Your landlord has the right to enter your dwelling if he gives one day notice, and you may not unreasonably withhold consent. However, even if your landlord gives you one day notice, he still may not abuse this privilege or harass you. If your landlord violates your rights, you may sue your landlord, and your landlord could possibly be criminally prosecuted as well.

The Landlord’s Remedies in Court if You Don’t Let Him In

You’re not allowed to “unreasonably withhold consent” for your landlord or his employees to inspect the property, make repairs or improvements, provide necessary services, or show your property to potential buyers, tenants, contractors, or workers. If you refuse to allow your landlord into your dwelling when the landlord gives proper notice, your landlord may take you to court and get an order allowing him to enter. Also, if you unreasonably refuse to allow your landlord to lawfully enter your dwelling, your landlord may terminate the lease.

Your Remedies if Your Landlord Enters Illegally or Harasses You

If your landlord illegally enters your house or apartment, or if he enters legally in an unreasonable manner, or if he harasses you, you may go to court and ask the judge to order your landlord to cease his behavior. If you go to court and allege that your landlord has entered illegally or unreasonably or has harassed you, the judge may also order the landlord to pay you money damages. Also, if your landlord has harassed you, or entered your dwelling unreasonably or illegally, you may (with written notice) terminate the tenancy. If you terminate the tenancy, you may also go to court and recover money damages.

Criminal Penalties Against Your Landlord

If your landlord’s behavior is bad enough, your landlord may be guilty of stalking. Stalking is a crime in Oklahoma. Oklahoma law defines stalking as

·         “willfully, maliciously, and repeatedly follow[ing] or harass[ing] you”

·         in a manner that would cause you or one of your immediate family members

·         “to feel frightened, intimidated, threatened, harassed, or molested” and

·         actually does cause you or one of your family members to feel terrorized, frightened, intimidated, threatened, harassed, or molested

Stalking also includes

·         two or more separate actions over a period of time (it doesn’t matter how short the period of time is)

·         That show that the stalker had a “continuity of purpose or unconsented contact” with you, and that

·         This contact was initiated or continued without your consent, or in disregard of your desire not to be contacted. This contact includes, but isn’t limited to:

o   Being close to you

o   Approaching you on private property or in a public place

o   Coming to your workplace

o   Contacting your employer or coworkers

o   Coming to your dwelling

o   Contacting your neighbors

o   Contacting you by telephone or electronically

o   Causing your phone or electronic device to ring repeatedly

o   Photographing, videotaping you, or audiotaping you

o   Monitoring or recording your activities

o   Sending a message to your family members, coworkers, or friends, or contacting such people to find information about you

o   Placing an object on, or delivering an object to, your dwelling

o   Causing someone else to do any of the above acts.

Stalking is a crime under Oklahoma law. If your landlord’s conduct amounts to stalking, call the police. Stalking is punishable by up to three years in prison, and/or a fine of up to $5,000.

Your landlord may also be liable under the “Peeping Tom” law. A person is guilty of violating the Peeping Tom law if he:

·         Hides, waits, or loiters near a private residence, locker room, dressing room, or any place where you have a reasonable expectation of privacy, with the intent of looking at you secretly, or

·         Uses photographic, electronic, or video equipment with the intent of recording or photographing you secretly in any place where you have a reasonable expectation of privacy, or

·         Uses photographic, electronic, or video equipment with the intent of recording a “private area” of your body.

If someone violates the Peeping Tom law, call the police. A Peeping Tom may be punished by up to five years in prison, and/or a fine of up to $5,000. To read the Peeping Tom law, click here.

Protective Orders Against Your Landlord

Also, if your landlord has stalked you, you may file a protective order against your landlord. To file a protective order, go to your county court clerk’s office, and tell them you want to file a protective order. You can do this yourself without an attorney – they will tell you what to do. For more on protective orders, read my post here. If you obtain a protective order, your landlord will be prohibited from having any contact with you as long as the protective order remains in effect.

Is Your Landlord Violating Your Rights? Contact the Persaud Law Office.

At the Persaud Law Office, we’ve handled many landlord/tenant controversies. We’ve also handled protective order cases and privacy cases. If your landlord is violating your privacy rights or harassing you, you don’t have to go it alone. Contact the Persaud Law Office today.