Full question:
apt. in my home rented to very irresponsible woman. i am very concerned about fire. she leaves heat on high and clothes dryer on when gone. i check on these when i come home if she is not there. she has charged me with aggravated crim trespassing. TCA 39-14-406 other actions of her are causing a water leak and not notifing me. i discovered a damaged ceiling and walls and furniture in the room below. aiso constantly leaving outside door unlocked or not closed. aiso used a winters worth of heat in less than 45 days. radiant wall heater in bathroom also left on high and door opened up to within 2 inches of glowing coil. thinking about rep myself. 3/3/10 is court date. how concerned should i be?
- Category: Real Property
- Subcategory: Trespassing
- Date:
- State: Tennessee
Answer:
Tenants have a right to privacy in their homes. However, landlords can enter with reasonable notice and at a reasonable time for necessary repairs, as stated in the lease, or to show the apartment to prospective tenants. In emergencies, like fires, landlords may enter without notice. Landlords must not misuse this right or harass tenants.
Except in emergencies, landlords need tenant permission to enter. Tenants should not unreasonably deny this permission. If access issues arise, either party can seek court intervention. Tenants generally cannot change locks without landlord consent, and if they do, they must provide a key to the landlord.
Regarding aggravated criminal trespass, Tennessee law states that a person commits this offense if they enter or remain on property without the owner's consent and intend to cause fear for others' safety (TCA 39-14-406). This is a Class B misdemeanor unless it occurs in a habitation, making it a Class A misdemeanor.
If a tenant fails to maintain the property in a way that affects health and safety, the landlord can enter to make necessary repairs after giving proper notice (TCA 66-28-506). Additionally, landlords must keep the premises habitable and safe (TCA 66-28-304).
If a tenant refuses lawful access, the landlord can seek court relief to compel access or terminate the rental agreement (TCA 66-28-513). If a landlord enters unlawfully or harasses the tenant, the tenant can also seek court relief.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.