TENANTS LEGAL CENTER
The right to Privacy is a very important one. It means protection of personal information and against unwanted or excessive intrusions into the home by a landlord or his/her agents.
Private information of tenants is normally given in the application process. Information about income, bank accounts debts etc is routinely provided when completing rental applications. While the right of privacy is waived for the purpose of the application, it is not waived as to the world. Thus, the law protects tenants in that a landlord should not share that information with others.
Renting a home means that the tenant has bought, for a time, the exclusive right to possess that home. The landlord has legal title and the tenant has a form of possessory title to the property. That means the tenant has the exclusive right of possession of the home. Thus, people can not enter without special permission or
legal authority to do so.
Document any wrongful entry with a polite letter and ask that it not be repeated. If such entries are repeated despite your requests, a more forceful approach may be in order. This may include seeking the assistance of an attorney to write a letter on your behalf educating the landlord as to the true rights and responsibilities in that situation. Many times, that will solve the problem. If not, further legal action may be necessary.
California law for San Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. For legal advice in a particular situation, promptly consult with an appropriate attorney.