Can my landlord come over without my knowledge? How often should a landlord visit me?
It is not the first time a woman has gotten a surprise in her backyard.
The weekly column on news.com.au is called Sisters In Law.This week, our resident lawyers and real-life sisters discuss your legal rights when it comes to tenant's rights.
I am a single woman living alone in a rental property and I have a big problem with my landlord.He drops around a lot.He came through the gate with a bunch of tools and said he wanted to do something to the fence.In the month before I came home to find new shelves in the kitchen, he had come over and put them up while I was at work.I have complained to the real estate agent and they say they will talk to him, but what are my rights when it comes to tenancies?
This kind of conduct is not acceptable as it is a violation of your peace, comfort and privacy and there are laws to protect you.
Raising the issue with the real estate agent is a good first step in trying to resolve the dispute amicably.
The law in each state has the same expectations for tenants, property managers, agents and owners.
The landlord can enter without your consent if they give you a proper notice.
For a regular inspection, seven days' notice is required, and no more than four times in a 12-month period.
24 hours notice is required in Victoria/Queensland and 48 hours in New South Wales to carry out repairs and maintenance.
If the landlord is concerned about your welfare, no notice is required for an emergency.
If the landlord does a surprise visit again, you can refuse access and ask him to leave.
Tenants have the right to enjoy their property outside.The picture is from iStock.
You can apply for a restraining order if your landlord keeps dropping by or the entry is unreasonable.
In your state, the Civil and Administrative Tribunal can issue restraining orders that can prevent the landlord from entering your premises.
Changing the locks isn't an option unless you're a superstar like Ricky Martin.If you don't give the landlord a key, they can serve you with a violation.
If the landlord's conduct continues to bother you and you wish to end your tenancy early, you can do so as long as you follow the appropriate process.
The first thing you need to do is make sure you have issued a breach notice.
Make sure you use the correct form in your state if you want to break the lease.
If you complain about a landlord, they may retaliate and do things like increase rent, refuse to perform maintenance, or not renew your lease, which is why you should be aware of your general rights under the tenancy.
The agreement allows for a rent increase and specifies how it will be calculated.
Two months' notice has been given by the property owner to the start of the increase.
The Civil and Administrative Tribunal can be used to dispute the increase in rent.
At the end of your lease your bond should be returned to you, however a disgruntled landlord in this situation may try and claim the bond for repairs, cleaning or compensation for lost rent.
You or the landlord can make a claim for a refund of the bond money, which can be disputed in the Civil and Administrative Tribunal with strict time limits applying.
You should always keep a detailed paper trail of any dispute you have with your landlord, including notes of the dates and times of unlawful entry, when you made complaints, who you spoke with and, where possible, put everything in writing.
You can get more information and guidance from each state's tenancy advice and advocacy service.
The legal information is general in nature and should not be considered specific legal advice or relied upon.A lawyer should be consulted for legal advice.
Please email stories@news.com.au if you have a legal question.