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A Landlord's Right of Entry
by the Nolo Press Editorial Staff
Copyright © 1995 by Nolo Press
- Does my landlord have the right to enter my apartment
whenever he or she wants?
- What are examples of situations when a landlord may
enter, but only after giving the tenant reasonable notice?
- Assuming it is not an emergency, but the landlord has
a valid reason to enter-for example, to make repairs-what kind of notice is
required?
- May a landlord enter a rental unit any time of day, as
long as he's given the required amount of notice?
- What are the landlord's options if a tenant refuses to
allow entry even when a landlord has given adequate notice and has a valid
reason to enter?
- What should a tenant do if a landlord repeatedly
violates her privacy rights by entering the rental unit with no good reason and/or
advance notice?
- How can I find out the specific laws on privacy in my
state?
1. Does my landlord have the right to enter my
apartment whenever he or she wants?
It depends on the state. In all states, a landlord or manager may enter
rented premises while the tenant is living there without advance notice in the
case of emergency, such as a fire or serious water leak. And, of course, a
landlord may enter when a tenant gives permission. Beyond that, laws in many states
guarantee tenants reasonable privacy rights against landlord intrusions.
2. What are examples of situations when a landlord may
enter, but only after giving the tenant reasonable notice?
Typically, a landlord has the right to enter rented premises after
giving tenants reasonable notice in order to make needed repairs (or assess the need
for them) and to show the property to prospective new tenants or purchasers. In
addition, a landlord may enter rented premises in instances of abandonment (that is,
when the tenant moves out without notifying the landlord) or by court order. A
landlord may not enter just to check up on the tenant.
3. Assuming it is not an emergency, but the landlord
has a valid reason to enter-for example, to make repairs-what kind of notice is
required?
States typically require landlords to provide a specific amount of
notice (usually 24 hours) before entering a rental unit. In some states, such
as California, landlords must provide a reasonable amount of notice,
legally presumed to be 24 hours. Landlords can usually enter on shorter notice
if it is impracticable to provide the required amount of notice.
4. May a landlord enter a rental unit any time of day,
as long as he's given the required amount of notice?
No. In most instances-except emergencies, abandonment and invitation by
tenant-states allow a landlord to enter only at reasonable times,
without seting specific hours and days. However, some states, such as California,
require that landlords may enter only during normal business hours.
5. What are the landlord's options if a tenant refuses
to allow entry even when a landlord has given adequate notice and has a valid
reason to enter?
A landlord should not force entry except when there is a true emergency,
such as a fire or gas leak. However, if a tenant is repeatedly unreasonable in
denying the landlord access, the landlord can legally enter anyway, during
reasonable times, provided he does so in a peaceful manner. However, in no case
should the landlord enter if the tenant is present and saying "stay out."
If a landlord has a serious conflict over access with an otherwise
satisfactory tenant, a sensible first step is to meet with the tenant to see if the
problem can be resolved. Often, neighborhood mediation programs will, for a low
cost, help work out an agreement. If these attempts at compromise don't work,
a landlord can usually evict the tenant for violating the lease or rental
agreement, assuming it contains an appropriate right-of-entry provision.
6. What should a tenant do if a landlord repeatedly
violates her privacy rights by entering the rental unit with no good reason and/or
advance notice?
As a first step, the tenant will usually first meet with the landlord to
ask for assurance that this conduct won't be repeated. If this doesn't work, the
tenant (depending on the laws of her state) may be able to simply move out,
claiming that the landlord's repeated violation of her privacy amounts to a
"constructive eviction." Finally, if the landlord's conduct seriously interferes with
the tenant's peace of mind, the tenant may have grounds for a successful
lawsuit, asking for damages. Typically, a tenant will file suit in small claims
court without a lawyer. For details on small claims court procedures and the
maximum amount for which someone can sue, see Everybody's Guide to Small Claims
Court (National or California Edition), by Ralph Warner (Nolo Press).
7. How can I find out the specific laws on privacy in
my state?
Find your state's statutes at a law library or large public library. If
possible, look for the larger annotated version which will also contain brief
notes as to key court decisions. Look in the index under Landlord-Tenant and then
for the subheading Privacy. You may also be able to get information from a local
apartment association or tenants' rights group. Your state Attorney
General's Office or Consumer Protection Agency can also provide advice. Nolo Press
publishes two books on the subject for California: The Landlord's Law Book, by Brown and
Warner and Tenants' Rights, by
Moskovitz and Warner.
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