If you find that your landlord has entered your rented apartment without permission in Sydney, Australia, it’s important to take steps to protect your rights and interests. Here’s what you can do:

Steps to Take

1. Review Your Lease Agreement:
Check the terms of your lease regarding landlord entry. Most agreements specify when and how a landlord can enter the property.

2. Know Your Legal Rights:
Under the Residential Tenancies Act 2010 (NSW), landlords must provide proper notice and have a valid reason to enter the property.

3. Document the Incident:
Write down details of the unauthorized entry: date, time, and any evidence such as photographs or witness statements.
Keep records of any communication with the landlord regarding the incident.

4. Communicate with Your Landlord:
Politely but firmly inform your landlord that entering the property without permission is against the law. Request that they respect your privacy and follow the legal procedures for entry in the future.

5. Send a Formal Complaint:
If informal communication doesn’t work, send a formal written complaint to your landlord or property manager outlining the incident and referencing the relevant sections of the Residential Tenancies Act 2010 (NSW).

6. Seek Help from Tenants' Advocacy Services:
Contact organizations such as Tenants' Union of NSW or NSW Fair Trading for advice and support.

7. Lodge a Complaint with NSW Fair Trading:
If the issue persists, you can lodge a formal complaint with NSW Fair Trading. They can provide mediation services and advice.

8. Apply to the NSW Civil and Administrative Tribunal (NCAT):
As a last resort, you can apply to NCAT for a hearing to resolve the dispute. NCAT can issue orders to prevent further unauthorized entry and potentially award compensation for any damage or distress caused.

Legal Concepts

1. Right to Quiet Enjoyment:
Tenants have a right to quiet enjoyment of their rental property. This means you should be able to live without unreasonable interference from the landlord.

2. Entry Without Permission:
Landlords must provide at least 24 hours' notice in writing before entering the premises, and entry can only occur between 8 am and 8 pm. Acceptable reasons include routine inspections, necessary repairs, or showing the property to potential tenants or buyers.

3. Breach of Contract:
Unauthorized entry can be considered a breach of the rental agreement and possibly a breach of the Residential Tenancies Act 2010 (NSW). This can give grounds for legal action or ending the lease early.

Additional Suggestions

Install a Security System: If allowed, consider installing a security system or camera to monitor unauthorized entries.
Change Locks: If unauthorized entries continue, request permission to change the locks. Ensure you provide a copy of the new key to the landlord if required by your lease agreement.
Know Your Neighbors: Establish a good relationship with neighbors who can help witness and document unauthorized entries.

By taking these steps and understanding your legal rights, you can protect your privacy and ensure that your landlord respects your tenancy agreement. If you need further assistance, don't hesitate to reach out to legal professionals or tenant advocacy groups.