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Can my landlord drive by my house and take a picture to use against me in court?
Anonymous5 views2 answers
I am not supposed to have pets but have baby sat my sister's cat a few times. If my landlord drives by my house, and from the street, takes a picture inside my front window of a cat, can he use that in court against me? Is there a certain period of time that he has to confront me about this before it becomes null?
If my lease says I am to pay $150 for each day a pet is found to be on the premises, can my landlord use those photos in court? Even if there is no damage to the unit from the pet?
A photo taken from the street, as intrusive as that might feel, is likely NOT an invasion of your privacy, against the lease terms, or illegal (some might say, given circumstances you did not post that it MIGHT be an invasion of privacy and therefore a breach of quiet enjoyment--but its a weak argument likely to fail--at least on the facts you provided).
Sure, the photos COULD be evidence in court--with proper foundation.
No time limt in nullification. However, LL would want to act before your lease expired and LL has to return your security deposit.
Best of luck.
He can use the pictures, based on these facts. If he comes onto the premises, and peers into windows from just outside, then that is a different matter. If that happens, call the police and report a "peeping Tom". The $150 per day penalty is not enforceable. Such liquidation/penalty damages are disfavored in MD, regardless of whether both parties agreed to them. If solely a punitive provision unrelated to actual damages suffered to the premises, then it will not be enforced; however, the no-pets provision is enforceable. Whether it is a sufficiently material breach to justify a default and repossession of the premises, is another question. Usually, unpaid rent or illegal (criminal) activity on the premises are the certain grounds for eviction. Most everything else is more a matter of degree, and will be up to a judge. Complete forfeiture of a tenant's right to possession is not favored for these lesser breaches of a lease agreement. Repeated violations may be.
