I am wondering whether there is a federal statute or case law that discusses tenant rights to privacy? For example, a landlord enters a person apartment without their knowledge and one of the landlord's agents steals money.
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3I think that type of landlord/tenant law is all state/county based.– Ron BeyerJul 10, 2019 at 18:32
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1In what US state is this? Tenant law varies by state, and often by county or city as well.– David SiegelJul 10, 2019 at 18:33
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The state of Georgia. There on no statues regarding this matter.– Mark GoldJul 10, 2019 at 20:11
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@MarkGold Not all law is contained in statutes. Much of it resides in case law.– ohwillekeJan 4, 2022 at 1:38
1 Answer
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove.
Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house.
In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?
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I have to read the lease over. Red flags should have appeared in my eyes when I saw it was 50 pages long. Nonetheless, I live in Georgia and they have no statues dealing with this issue. I may have to search for case law in Georgia. Also, I am part if a "protected class" and my landlord gets funds from HUD. Thus, although I am not on Section 8, federal laws would apply. Jul 10, 2019 at 20:16
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@MarkGold: You could ask a new question regarding Georgia laws. Also, your "protected class" status is unlikely to aid you here. "Protected class" is generally a limitation on the ability of entities to discriminate, whereas invasion of privacy and theft are not "discriminatory" issues. Even if you were in Section 8, these would still be state level issues.– sharurJan 3, 2022 at 22:50