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Landlord violating privacy – can I break lease?

By Dawn

Hello – Our landlord entered our rental house to return our rent checks and to leave a note. Is this grounds for us to terminate our lease without further obligation to pay the remaining months of rent?

Is it possible to terminate the lease agreement on the ground of trespassing?

The landlord has a duplicate key but only because I had to make them one the previous day because they "lost" theirs.

They said they needed the key in case of emergencies.  I’m not sure. They had the code to the garage already so they were not locked out in case of emergencies or repairs. I live in their rental home on 4 acres. They had moved to California and one of the owners (Diana) was in town on business.  …as we all know, trespassing can only be invoked or determined if the home perpetrator did not have permission to intrude on a property that belongs to somebody else and private property.
But, since they are the landlords and in our lease, it indicates that they need to give us 24 hours notice before they enter unless it is an emergency, they violated the lease, yes?

 I emailed Diana the landlord and asked if she was in our house. She said, "yes…I had texted you yesterday that I was going to return the checks."  but in the text, she did not indicate that she would come into the house and set them on the kitchen table. Our assumption was that she would mail them back to us and not enter the home.
Dawn Pieke:
I indicated to her… that we had company over and that they read the note and was uncomfortable seeing someone that they didn’t know, in the house. It was very odd that she just came in. without ringing the door bell…at least our company did not hear her ring the door bell.  Both I and my roommate were at work.
We have the note that she left and her email stating that she did not hear back from us when she indicated that she would give us our checks back and she apologized …this is all in an emai she sent us.  I think it will help us get out of the lease. Thank you for any advice on this matter.  Sorry if the info is a bit scattered.
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Edited on: Tuesday, July 3rd, 2012 1:09 am
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