How to Respond to Unlawful Entry by Your Landlord

What counts as lawful vs unlawful entry

Landlords and agents are permitted to enter a rental property in specific circumstances, and almost all of them require advance written notice:

• Routine inspections — typically 7 to 14 days notice depending on the state • Repairs or maintenance — generally 24 to 48 hours notice • Showing the property to prospective tenants — 24 to 48 hours notice

Entry without any notice is only lawful in a genuine emergency — a fire, flood, gas leak, or other situation where immediate entry is necessary to prevent serious harm to persons or property.

Entering for any other purpose without giving the required notice is unlawful, regardless of whether the landlord has a key.

Documenting the breach

If unlawful entry occurs, document it as thoroughly as possible:

• Note the date, time, and who entered • Write down exactly what was said and done • Take photos if relevant (e.g. evidence someone was in the property while you were out) • Check any security cameras or smart doorbells that may have captured the entry • Keep any messages or voicemails related to the entry

This documentation is essential if you need to escalate the matter to the tribunal.

Your right to request they stop

Contact the landlord or agent in writing as soon as possible after the unlawful entry. State clearly:

• The date and time of the entry • That the entry was made without proper notice • That this is a breach of the tenancy agreement and the relevant Residential Tenancies Act • That you expect all future entries to comply with the notice requirements

A formal written warning often resolves the issue, particularly with property managers who are aware of their legal obligations.

Applying to the tribunal for an order

If unlawful entries continue after your written request, you can apply to your state tenancy tribunal. The tribunal can:

• Issue a compliance order requiring the landlord to provide proper notice in future • Award compensation if you have suffered loss as a result of the unlawful entry

In serious or repeated cases, unlawful entry may also give grounds for terminating the tenancy without penalty. This is a significant step — contact your state tenancy authority before taking it.