Landlord Trespassing

[llamaboots]

I am a 19 year old female and I live by myself in a one bedroom apartment in New Jersey. My landlord has shown up unannounced before but luckily I have been home for those times. Yesterday morning I was laying down when I hear someone open my back door. I rush to the door to see my landlord walking into my place. He did not call and I did not hear a knock. I talked to my neighbor and he walked in her apartment also without notice. He had a guy with him to appraise the building which means he knew in advance he would be coming here. In my lease it says that the landlord must give reasonable notice before coming to the apartment unless it is a serious emergency, and I know there are laws in the state that say the landlord cannot enter the building without notice and having my permission. My lease is up August first, so I don't have much time here and I planned on moving since I am pregnant and need a bigger place. I also don't need the stress of wondering if someone is breaking into my apartment effecting my pregnancy.

I am curious, since he broke the lease (and the law), is there any way I can get out of my lease early and still keep my deposit? If not, how should I handle this? Should I try to file for trespassing or send him a letter? I would love to just move because the landlord is a creep and I do not know if this is the first time he has entered my apartment without me knowing. I have not noticed anything missing. Also, I fear if I send him a letter knowing how much this upset me, he will try to keep my deposit when I move. I went to the police and the local court house and they all kept shuffling me around saying that they only deal with evictions.

Thank you so much! Any help is appreciated

 

[Gail_in_Georgia]

In most states, reasonable notice (for non-emergency situations) call for a 24 hour notice. Tenants are entitled to what is known as "peaceful enjoyment".

Start by notifying your landlord (in writing) that you require a 24 hour notice before he can enter your rental for non-emergency situations.

If you attempt to break your lease early because of this, this is what is likely to happen...

1. Your landlord will not only not return your deposit, he may file against you in small claims for breaking your lease and owing the remaining months of rent.

2. You'd have to answer this claim, show up in court and argue that his entering without advance notice was justification for you breaking the lease.

3. You might win in court...or not. If not, you would owe the remaining months on your lease (unless he was able to rerent the unit prior to the end of your lease) plus court costs. If you don't win the judgement can show up on your credit report perhaps making it more difficult for you to find a future place to rent. If you do win you might have to chase your former landlord down for your deposit money.

This might be too much of a hassle with a new baby.

Gail