anyone have good knowledge on the laws of torts?

[Dear Summer]

if the landlord enters someone's apartment while the tenant is gone to make sure everything is in order, did the landlord commit a trespass even though he is the owner of the property?

 

[Leros]

Its almost always in the lease that the landlord has access for various reasons.

 

[Sea Moose]

Jeeebus is a lawyer pm him i suppose

(i spelt it right)

 

[Alienwho]

Depends on the state and the terms of the lease, but the landlord most likely can enter.

 

[MagnusTheBrewer]

If you live in Arizona, the landlord can raid your fridge, play Halo on your computer and, take a nap on your couch without violating any laws. The laws interpretation vary tremendously State to State.

 

[Dirigible]

Originally posted by: Alienwho
Depends on the state and the terms of the lease, but the landlord most likely can enter.

See bolded. Without a lot more info, it is impossible to say if the landlord could legally enter.

Some relevant CA law:
http://law.onecle.com/california/civil/1954.html

If you're talking about a tort, what the heck happened to make the tenant mad enough to consider legal action?

 

[sjwaste]

Originally posted by: Dear Summer
if the landlord enters someone's apartment while the tenant is gone to make sure everything is in order, did the landlord commit a trespass even though he is the owner of the property?

Maybe. Depends on the state, the lease, and the conduct of the parties.

Not to mention, if the landlord just came in, even if you win an action in trespass (assuming the above lead to that), what are the damages? If the landlord came in, looked, and left, you might get $1. Maybe some states have statutory damages, I don't know.

Generally speaking, being the owner of the property doesn't bar one from committing a trespass. If the owner has relinquished the right to occupy the premises, such as executing a lease that states such, then the owner can absolutely be guilty of trespass. See sentence #1, and then consider sentences #2 and #3 above.

 

[Jeeebus]

Originally posted by: Sea Moose
Jeeebus is a lawyer pm him i suppose

(i spelt it right)

I'm not doing his 1st year law school homework for him.

 

[ahurtt]

Originally posted by: Dear Summer
if the landlord enters someone's apartment while the tenant is gone to make sure everything is in order, did the landlord commit a trespass even though he is the owner of the property?

No. Not unless you can prove he also violated the contents of your underwear drawer whilst "checking that everything was in order."

 

[dainthomas]

I love strawberry torts, although sometimes a good french apple really hits the spot.

 

[daniel1113]

Restatement Torts 2d § 158

One is subject to liability to another for trespass irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally

(a). Enters land in the possession of the other, or causes a thing or a third person to do so,

(b). Remains on the land, or

(c). Fails to remove from the land a thing that he is under a duty to remove.

So, generally speaking, the landlord commits a tort. However, depending on the laws of the state, the landlord more than likely has a statutory granted defense.

 

[compuwiz1]

Tortas are excellent to eat also.

 

[sjwaste]

Originally posted by: Jeeebus

Originally posted by: Sea Moose
Jeeebus is a lawyer pm him i suppose

(i spelt it right)

I'm not doing his 1st year law school homework for him.

If this guy is a 1L and is asking a question this basic, he might want to reconsider law school.