Violation of the home and tenant – when the apartment owner commits a crime?
Often tenants complain about unannounced visits of apartment owners. It is worth knowing that the rented property becomes a tenant’s apartment, whose inviolability is protected by law. The owner has no right to enter him without the consent of the tenant, because he commits the offense of violating the home.
Entry of the owner without the consent of the tenant – if and when it is possible?
When the owner has the right to enter the premises, which he rented the tenant? This was strictly defined in Article 10 of the Act on the protection of tenants’ rights. Pursuant to the above-mentioned article: in the event of a failure causing damage or directly threatening the occurrence of damage, the tenant is obliged to immediately provide the premises for the purpose of its removal. If the tenant is absent or refuses to provide the premises, the owner has the right to come inside in the presence of the police or municipal guard. When the situation so requires, the owner can also get to the apartment with the help of the fire brigade. If the opening of the premises took place in the absence of the tenant or the adult person permanently residing with him, the owner is obliged to secure the premises and items in it until the tenant arrives. A report is made out of these activities.
Therefore, without the consent of the tenant, the owner has the right to enter the premises only in the event of a failure causing damage or threatening its creation. Such events include, for example, gas leakage, fire or flooding. Even in such circumstances, however, it is obliged to do so in the presence of the police or municipal guard. In no other case, the owner has no right to enter the premises without consent and in the absence of the tenant – in the light of the law it will then be a violation of my home, whose consequences we write a little lower.
Visit of the owner with the consent of the tenant – when does the tenant have to provide the premises?
After determining the date, the tenant should also provide the owner with an apartment in order to make periodic, and in particularly justified cases, ad hoc review of the condition and technical equipment of the premises, as well as to determine the scope of necessary works and their implementation, and substitute performance for the owner charging the occupant. The tenant is obliged to agree to this type of visit. However, please note that such a visit requires prior agreement. The owner should not knock on the tenant’s door with information that he wants to conduct a technical inspection. The tenant does not have to agree to enter the owner in the premises in any other case.
Violation of home mirrors – what are the consequences?
Anyone who breaks into someone else’s house, flat, premises, room or enclosed area or against the request of an authorized person does not leave such a place, is subject to a fine, restriction of liberty or imprisonment for up to one year (Article 193 of the Criminal Code). This is the so-called crime of violating the home. The perpetrator may be not only the person who illegally enters the premises, but also the person who legally got into the premises, but then objected to leaving him at the request of the entitled person.
Thus, the perpetrator of the offense may also be the owner of the flat, if it disturbs the home tenants. The tenant as a result of signing the lease contract gains not only the right to use the premises, but also all other related rights. These include the right to protect the immunity of a flat also protected by criminal law. The landlord has no right to enter it at any time and without the consent of the tenant. The exceptions are the situations described above in Article 10 of the Act on the Protection of Tenants’ Rights. Failure to comply will result in the owner being subject to criminal liability.
Harassing owner – can the tenant change the locks in the door?
In order to protect your right to inviolability of the flat, the tenant also has the right to apply physical limitations in access to the rented flat. For this reason, the tenant can change the locks in the door. However, we will not deal with the violation of the home mirror if the perpetrator acts on the basis of certain provisions, for example a police officer making a search.