This is illegal in many jurisdictions, either under general harassment laws or specific protections, as well as under the terms of rental contracts or tenancy agreements.
[6][7] Methods employed in cases of landlord harassment include but are not limited to the following:[3] At common law tenants were entitled to the "quiet enjoyment" of leased premises.
[9] In the United Kingdom and the Commonwealth, the Human Rights Act may provide a basis to establish what is fair and reasonable between tenant and landlord.
Both common law and public order legislation make it an offence for persons to behave wrongfully in a dwelling e.g. breach of the peace.
For example, in California, Civil Code Section 1954, limits the landlord's right of entry,[10] in New Mexico, there is an extensive "Owner-Resident Relations Act"[11] and in New York City, a Certification Of No Harassment (COHN) is required to make any occupancy alterations.
The purpose of any inspection is to ensure the integrity and good maintenance of the property, and the adherence to the agreement that exists between landlord and tenant.
[14][15] Short term occupancy, such as residing in an AirBNB, is also protected from voyeurism/surveillance under the same expectations: hosts/landlords must warn guests/renters of video cameras and these devices are limited to common areas.
The parties may then agree to exchange a simple written statement of facts, and then meet at a neutral place to discuss the matter or remedy.
Unless carrying out repairs, replacements and other work, the landlord is to limit the timing and frequency of entries to the minimum possible [19][20] Once an individual has rented an apartment, they have legal possession of it for the duration of their tenancy.
To give an extreme example, since the landlord usually must schedule tradespeople during the normal working day, it is not reasonable for the tenant to insist that the plumber can only come in on Sunday evening.
[citation needed] To preclude any perception of abandonment, a tenant who is going out of town may benefit from informing his or her landlord of the trip, preferably in writing.
Within six months after a tenant has engaged in any of these protected activities, any act by the landlord of raising the rent, attempting eviction (except for non-payment), or making any change in any of the terms of tenancy is presumed to be retaliation.
The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney's fees.
Because of these options for recourse, it may be to the tenant's advantage to complain about code violations in writing before the landlord issues a notice of eviction or a rent increase.
If a tenant in England & Wales attempts to claim retaliation but did not complain about the breach until after receiving notice from the landlord, the tenant will be found to have no valid claim under the Retaliatory eviction legislation [26] Consumer protection laws provide protection against landlord harassment in some states.
Also defined as an unfair practice is any violation of any law meant to protect consumers and any act which is oppressive or otherwise unconscionable in any respect.