Is a Landlord Guilty of Trespassing if There is a Hazardous Condition on the Property?
Full Question:
Answer:
Tenants have the right to privacy within their dwellings. However, landlords may enter with reasonable prior notice and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without prior notice of tenant’s consent. A landlord may not abuse the limited right of entry or use it to harass a tenant.
Except in the case of emergency, a landlord (and/or his representatives) must gain permission from the tenant in order to enter. The tenant may not unreasonably deny permission. Either party may obtain injunctive relief from the courts if the other party is unreasonable regarding access issues. A tenant generally cannot change the locks unless the landlord agrees. Also, the tenant cannot add locks that might stop a landlord from entering the unit if there is an emergency or if the landlord has a valid reason for entering the rental unit and the landlord has given the tenant proper notice to enter. If the tenant does change the lock, a copy of the key should be given to the landlord immediately.
Please see the following TN statutes:
39-14-406. Aggravated criminal trespass.
(a) A person commits aggravated criminal trespass who
enters or remains on property when:
(1) The person knows the person does not have the property
owner's effective consent to do so; and
(2) The person intends, knows, or is reckless about whether
such person's presence will cause fear for the safety of
another.
(b) For purposes of this section, "enter" means intrusion
of the entire body.
(c) Aggravated criminal trespass is a Class B misdemeanor
unless it was committed in a habitation, in a building of any
hospital, or on the campus, property, or facilities of any
private or public school, in which event it is a Class A
misdemeanor.
(d)(1) A person also commits aggravated criminal trespass
who enters or remains on the real property, including the
right-of-way, of a railroad:
(A) With the intent to do harm to the property or to
railroad property located on the property; or
(B) With the intent to do harm to another person or knowing
that their presence will harm another person.
(2) Aggravated criminal trespass on railroad property is a
Class A misdemeanor.
(e)(1) A person also commits aggravated criminal trespass
who trespasses upon a construction site, or property used or
owned by a public or private utility or an electric or
telephone cooperative, with the intent to steal, deface,
destroy, tamper with, alter or remove any equipment, supplies
or other property found on the site or property.
(2)(A) In order for subdivision (e)(1) to apply, the
construction, utility, or electric or telephone cooperative
property must be posted by use of a sign of a size that is
plainly visible to the average person at all gates or
entrances to the property and shall contain language
substantially similar to the following:
UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL
OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY
IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE.
(B) If the proof shows that the defendant entered the
posted property at some place other than a gate or entrance,
it is not a defense to this subsection (e) that the defendant
did not know that the property was posted against trespass.
(3) Aggravated criminal trespass on a construction site is
a Class A misdemeanor.
66-28-506. Failure of tenant to maintain dwelling.
If there is noncompliance by the tenant with § 66-28-401 materially
affecting health and safety that can be remedied by repair, replacement
of a damaged item or cleaning, and the tenant fails to comply as promptly
as conditions require in case of emergency or within fourteen (14) days
after written notice by the landlord specifying the breach and requesting
that the tenant remedy it within that period of time, the landlord may
enter the dwelling unit and cause the work to be done in a workmanlike
manner and submit an itemized bill for the actual and reasonable cost or
the fair and reasonable value thereof as rent on the next date when
periodic rent is due, or if the rental agreement has terminated, for
immediate payment.
66-28-304. Maintenance by landlord.
(a) The landlord shall:
(1) Comply with requirements of applicable building and housing codes
materially affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a clean and safe
condition; and
(4) In multi-unit complexes of four (4) or more units, provide and
maintain appropriate receptacles and conveniences for the removal of
ashes, garbage, rubbish and other waste from common points of collection
subject to § 66-28-401(3).
(b) If the duty imposed by subdivision (a)(1) is greater than any duty
imposed by any other paragraph of subsection (a), the landlord's duty
shall be determined by reference to subdivision (a)(1).
(c) The landlord and tenant may agree in writing that the tenant
perform specified repairs, maintenance tasks, alterations, and
remodeling, but only if the transaction is entered into in good faith and
not for the purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement
described in subsection (c) as a condition to any obligation or
performance of any rental agreement.
66-28-513. Remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord may
obtain injunctive relief to compel access, or terminate the rental
agreement. In either case, the landlord may recover actual damages and
reasonable attorney's fees.
(b) If the landlord makes an unlawful entry or a lawful entry in an
unreasonable manner or makes repeated demands for entry otherwise lawful
but which have the effect of unreasonably harassing the tenant, the
tenant may obtain injunctive relief to prevent the recurrence of the
conduct, or terminate the rental agreement. In either case, the tenant
may recover actual damages and reasonable attorney's fees.
