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Privacy

Keep the owner, manager and maintenance out of your home without your knowledge

A Man's Home is his or her Castle (in English Common Law).  What about in Ohio Landlord Tenant Law?

Here's what the law says at ORC 5321.04

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney’s fees, or may terminate the rental agreement.

The law also says that:

(B) The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver parcels that are too large for the tenant’s mail facilities, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.


There's that reasonable thing again!


One key:  is be clear about what YOU NEED. 
Put your requests in writing and keep a copy

What about intrusive inspection?  
an inspection goes too far when the landlord is looking at your personal belongings...not 'their' property.

You are entitled to more than 'knock and enter'.
Some property managers say:  "All I have to do is give you a notice that I'm coming.  WRONG.  They are missing the 'reasonable time and reasonable manner" provisions of 5321.04 (A) (6).



 What can you do if you suspect illegal or intrusive entry?

Additional locks: 
Unless prohibited in your rental agreement, you have the right to install an additional lock.  NOTE: the HUD lease without owner permission.  I like the use of tumbler chain locks.  see here for an example. 

Catch'm in the act: 
1.  recruit reliable witnesses (neighbors) to keep an eye on your place.
2.  set up a webcam with motion sensors to detect when management is entering without notice.

Bring charges (when you have proof)
1. injunctive relief
2.  police (if theft was involved)

You must be reasonable
A tenant has a duty under the law to "not unreasonably restrict the landlord's right of entrance"

Intrusive Inspection (what's reasonable?)





Notes & Links

Model policies for owners

Intrusive Inspection

Video surveillance systems (see article attached at the bottom of the page)




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Spencer Wells,
Oct 22, 2013, 6:25 AM
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