Can landlord enter backyard? (renters, lawyer, landscaping)

[Bgladu]

I was wondering if my landlord is able to enter the backyard of our triplex at will without giving reasonable notice in the state of MN.

He states that he owns the property and can come over whenever he chooses for yard work etc...

I feel like this is protected under some privacy laws of tenants.

Any help would be appreciated.

Thank you

[trackstar13]

"A landlord cannot enter the rental unit without the tenant's consent except in emergency situations. If a landlord wishes to make repairs and needs to get into a tenant's rental unit, the landlord must first get the tenant's permission, otherwise the landlord is trespassing and can be arrested or sued in court. Minn. Stat. §609.605, subd. (1)(b)(4) (1992). However, the landlord may write a provision into the lease giving the landlord the right to enter a tenant's unit under reasonable conditions, such as to make repairs, to check potential physical problems, or to show the unit to prospective new renters or purchasers. But, unless the landlord puts these provisions into the lease, the landlord's right to enter is limited to emergency situations. (It should not noted that, in practice, there is an implied right to enter if the landlord has to make required or requested repairs to the unit. The tenant should not unreasonably refuse permission to a landlord to enter in such cases. It is a good idea for the tenant and landlord to agree ahead of time when repairs may be made.)"

Landlord-Tenant Handbook: During the Tenancy

I am not a lawyer, but it seems like a backyard is different since it is the outside area of the property, landlords can and should be able to enter a yard to complete yard work. Also, there should be something in your lease to clarify this and if not, why not simply ask the landlord to put something in the lease? Hope this helps.

[Bignellyxx]

I think Track is on the right Track.

My personal note: I probably wouldn't go planting Pot in the back yard. Maybe the front though

[Thegonagle]

Sure can! It's a triplex, so the yard is a common area, not a living space. Landlord notice only applies to your personal unit.

[golfgal]

Why does this bother you so much? If you don't want him there doing lawn work, volunteer to do it. It is one way that he can also keep an eye on his investment. Sorry but I have to side with the landlord on this after spending a week cleaning up a yard from renters that were "taking care of it".

[Cruz Azul Guy]

It seems like more of an etiquette issue than a legal issue. Before you contact a lawyer about it why don't you call up your landlord to discuss your concerns...it's likely he would be open to getting into the habit of giving you a heads up before coming over to do yardwork. This seems like a reasonable request to me.

[Bgladu]

Thank you for your responses. I have discussed this with my landlord and he doesn't seem to care about my concerns.

Golfgal- This bothers me because he comes over 4-5 days a week with no notice. cutting, drilling, pounding. I feel like he has no respect for any ones privacy. We pay rent to be able to use the backyard. If he is over all the time taking up that space, then it is unusable to us. The work he does is not basic yard care but complete landscaping of the property.

Thanks again for your responses, I will continue to search for a solution for this.

[golfgal]

Originally Posted by Bgladu

Thank you for your responses. I have discussed this with my landlord and he doesn't seem to care about my concerns.

Golfgal- This bothers me because he comes over 4-5 days a week with no notice. cutting, drilling, pounding. I feel like he has no respect for any ones privacy. We pay rent to be able to use the backyard. If he is over all the time taking up that space, then it is unusable to us. The work he does is not basic yard care but complete landscaping of the property.

Thanks again for your responses, I will continue to search for a solution for this.

I still don't see what your problem is. If he is making improvements to the property you should be happy. Is he trying to get the place in shape to sell? I think the solution is for you to move.

[DaPerpKazoo]

Unless the yard is a space that you lease, he can be there whenever he wants. Since it's a triplex, I doubt that you lease the yard. Even if you do lease the yard, it's likely that there are provisions in the lease allowing him access to it.