- In most cases your right to privacy outweighs the landlord's rights as owner. Your landlord, or someone working on his behalf, has a right to enter in an emergency; to make repairs or to see if repairs are needed; or to show the property to prospective tenants or buyers. Some states also allow the landlord to enter if you're away for several days. Even with a valid reason, the landlord has to schedule a reasonable time: He can't demand to make repairs after midnight, for example.
- If your landlord wants to show the apartment -- or enter for some other valid reason -- most states require she give you advance notice unless it's an emergency. The Nolo legal website lists the notification requirements for each state. The landlord can ask for permission to enter immediately, but you don't have to give it; if he keeps asking repeatedly or tries to wear you down, that could violate the law.
- The landlord is entitled to have his real estate agent come over and show the house as long as he meets the notice requirements and doesn't schedule the showing at an unreasonable hour. Some landlords have authorized agents to show the house whenever they choose or told tenants to move out temporarily in order to hold an open house. This violates your rights; in most cases, even a clause in the lease that says the landlord or his agent can enter at will cannot take away your privacy rights.
- If your landlord or the agent ignores your privacy, you can sue him in small claims court. Possible grounds could include breach of contract, violation of privacy or trespassing. You can also sue if the agent damages or takes any of your property. Another alternative is to inform the agent that if he comes on your property, you'll have him arrested as a trespasser. The California Tenant Law website suggests changing the locks or adding a deadbolt. Check your state's laws to find out what remedies are allowed.
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