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Breaking an entering?

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Old Jan 17th, 2008, 11:48 AM     #1
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EEK! Breaking an entering?

Here is my situation. I reside in GA and I am renting an apartment. Last night before closing the store I worked at my landlord informs me that he is showing the apartments off in our building to someone who might purchase it. I stated to him that you have to give 24 hours notice to me before coming into my home. He stated that since he has keys to the place as I do he can enter into my dwelling anytime he wants with no prewarning at all. As I am laying in bed the next morning, my front door opens and here comes the landlord with the prospectors of buying the place. Is there anything I can do? Am I in the right with 24 hours notification? I need some advice badly!!
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Old Jan 17th, 2008, 05:15 PM     #2
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Default Re: Breaking an entering?

44-7-4.
(a) Municipalities and counties may establish by local ordinance minimum security standards not in conflict with applicable fire codes to prevent the unauthorized entry of premises occupied by a tenant as a dwelling place and may require landlords to comply with such standards.
(b) This Code section shall be cumulative to and shall not prohibit the enactment of other general and local laws, rules and regulations of state or local agencies, and local ordinances on this subject.

It looks like you will have to check you local codes based on the above. Generally, if it is not addressed there you must check you rental agreement, here we have to address when and how we may enter the premises in our agreement.

However, did he at least knock before entering. I do believe this would be required regardless and at somewhat reasonable hours unless he had reason to believe that damage to the property was eminante if he did not enter.
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Old Jan 17th, 2008, 06:25 PM     #3
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Default Re: Breaking an entering?

There is NO state statute regarding the entry of the LL in GA. Thus there is no law requiring him to give prior notice to this entry. There may be local or city codes requiring this notice be given. You would have to check for these city or township laws by checking their websites.

The idea that a LL is required to give 24 hours prior notice does not hold true in many states. (It is not true most places actually.) 24 states have either no law on LL access or have no notice requirements written into the statute. Many others have different time limits (12 hours, 48 hours, "reasonable" notice, "adequate" notice, or "advance" notice). It is just an average time limit for those states that DO have notice requirements. Unfortunately, your state has no law on this at all. If there is no local laws written on the subject, he is breaking no law when he fails to give notice upon entering your unit. Sorry.
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