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Landlord's Right to Enter
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Written By:
dan the roommate man
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When you move in to a rental property, you agree to let your landlord handle many of the repair and maintenance problems. You also agree to lose some of your privacy rights. Unless your landlord is incredibly talented, he, or one of the people responsible for maintaining the property, must enter your home in order to make repairs and give inspections.
When you're drawing up the lease, it's important that you include a clause regarding the landlord's right to enter your property. Without it, your landlord may be able to enter without any notice as he or she wishes. The 1994Boulder Model Lease suggests the following clause: "Resident shall permit owner/agent to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice only if owner/agent reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been abandoned."
Keeping this clause in mind, there are times when it is perfectly acceptable for your landlord to enter the property, and times when it isn't.
When is it okay for my landlord to enter?
# In the event of an emergency i.e. a fire, a water/gas leak
Obviously, I doubt the landlord would let a fire burn down the entire complex just because he didn't give you 24 hours notice that he was going to enter and put it out. The same goes for any other event that puts you or the rest of the renters in physical danger.
# With your permission
This is another no-brainer. If you tell your landlord it's okay to come in, he or she can't get in trouble for entering!
# To show the property to prospective renters/purchasers/lenders
Whether you want to move out or not, if your lease is up and the landlord has decided he wants to rent the property to new tenants, he has the right to show the property to other people (provided he gives you at least 24 hours notice.)
# If the property has been - continued below ...
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abandoned
This way, in the event of a tenants death or unexplained leave, the landlord can get in to the apartment and prepare it for new renters.
When is it unreasonable for my landlord to enter?
# When he or she simply wants to check up on you
In most states, it's alright for the landlord to inspect the property. However, “inspecting” does not mean he or she can come in and see what's on your television or what new clothes you've hung in your closet. Just because you're living in a rented home or apartment, doesn't mean that your landlord has full access into your private life. The landlord should only make sure that you are following the rules i.e. no-pet policy, and that you don't have any leaks or damages throughout the property.
# At 2am on a Monday night
Unless it is due to an emergency, or by your request, the landlord cannot enter your home at an unreasonable hour. (Provided there's a clause in your lease regarding this issue.)
# If you have denied your landlord access
The landlord cannot legally enter your apartment or home if you've told him or her not to. However, according to Nolo.com, if you repeatedly deny your landlord access with no good reason, he can legally enter anyway (provided he does so in a peaceful manner at a reasonable time of day.) If the tenant continually denies access to the landlord after he or she has met with the tenant, the landlord may have legal grounds to begin the eviction process.
As mentioned before, the laws concerning the entrance of your landlord into your property varies from state to state. To find out about the landlord/tenant laws in your state, visit www.tenant.net, or find your state's statutes at your local law or public library. You'll find what you're looking for in the index under “Landlord-Tenant” and then under “privacy.” You might also want to contact your local tenant association for further information.
About the Author
Since 1989 dan the roommate man has helped 1000's of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com
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