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Property Management/Leases

TENANTS RIGHTS TO PRIVACY

About Leases
About Moving In
What are the Effects of Condemnation?
Duties of the Landlord and the Tenant
Eviction Rules
What is Habitability Code?
KEY CONTROL
Who is a Landlord?
What is the Landlord's Liability? 
Can a Landlord 'Lockout' a Tenant? 
What is Periodic Tenancy? 
MOVING IN WITH PETS
TENANTS RIGHTS TO PRIVACY 
Damage Defined
What is Property Management? 
Who is a Property Manager? 
RENT INCREASE 
THE 'RIGHT' ROOMMATE 
SECURITY DEPOSIT 
What is Tenancy at Sufferance?
What is Tenancy for Years? 
What are the Duties of the Tenant? 
Regarding Trespassing by the Landlord 

If you are renting a real estate property, your landlord does not have the right to enter the rented premises at anytime, for any reason.  This is because you as the tenant have a right to privacy, which limits the landlord's ability to enter the property you have rented out.  Normally, your landlord must provide notice to you before entering the premises.

Situations When a Landlord May Enter the Premises Without Providing a Notice

There are certain situations in which your landlord has a right to enter the premises without having to provide ample notice.  Some examples of such situations are: 

- In case of emergencies: If there is an emergency, such as a fire or a water pipe burst, your landlord is entitled to enter the premises to tackle the situation.

- In order to make repairs: The landlord is allowed to enter the premises in order to make necessary repairs.

- In order to show the property to prospective tenants or buyers: The landlord is allowed to enter the premises to show the property to people who are interested in buying or renting the property if your are soon vacating the premises

 

The landlord however is not allowed to enter the premises just to check up on you or the rented property.

Situations that call for a Notice before the Landlord Enters the Rental Unit

In the case of an emergency, it is not possible to provide a notice to you about entering the premises.  However, in most states the landlord is expected to provide you with a notice before entering to make repairs or to show the property to other prospective tenants or buyers and this notice must usually be given at least 24 hours in advance.  Therefore, a notice is almost always required, unless there is an emergency or you have given your landlord permission to do so beforehand.

Landlords' Right to Enter Premises Following Extended Periods of Tenants' Absence

Many states do allow the landlord to enter the rented premises during a period of the tenants' extended absence from the same.  In most states, seven or more days is considered to be a case of extended absence.  In these states that allow landlords to enter during periods of extended absence, they are usually only allowed to enter the property for basic maintenance or to check for damages and make any necessary repairs.

Permission to Enter Granted to the Landlord by the Tenant

In case the tenant gives explicit permission, the landlord has the legal right to enter.  You can limit the permission by including several clauses of restriction when you grant permission.  For instance, you could require that the landlord give you 48 hours notice before entering the premises.