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Thread: When does the landlord have the right to enter the property?

  1. #1
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    Default When does the landlord have the right to enter the property?

    The property may be the tenant’s home, but the landlord retains certain rights of entry. This does not mean he or she can pop in unannounced whenever desired but, with at least 24 hours' notice, the landlord may visit at his or her discretion. Where repairs are necessary, the landlord has a right to ‘reasonable access’. What ‘reasonable access’ means depends on why they need to gain access. For example, in an emergency, the landlord is entitled to immediate access to carry out work, but he or she does not have a right to enter without notice in any other circumstances, unless a court order has been obtained.
    Last edited by landy; 01-28-2005 at 01:27 PM.

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    Default entry for repairs

    Emergency situations and to make required and necessary repairs consistent with the lease terms and provisions. Sometimes, if the tenant is not cooperative, the landlord will require the assistance of the law and may need to obtain a court order to enter, which if the tenant refuses, the tenant can be removed by power of the court by the police authorities.

  3. #3

    Default 30 days notice

    hi, i gave my manager 30 days notice..b4 i move...he/she is showing my appt. out to people without giving me any notice b4 entering the appt. is this legal?? if not please advice me what to do..i trying to tell her to give me a call first prior to showing..however, he/she tells me that when i gave them 30 day notice..they have the right to enter anytime without notice...please direct me to the right direction, to what law or rules against this issue...

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    Default tenant filed restraining order on landlord

    My tenant filed a temp restraining order on me in retaliation for serving her with eviction papers. She then had the 'proof of service' falsified. Her ex husband signed that he served me with the papers. I was never served! The tenant showed up to court and got the judge to sign a perm restraining order! I never had a chance to defend myself in court since i wasnt ever served. What should i do?
    I live 300+ miles away from the tenant and i cant believe the judge actually thought the tenant drive 6hrs to serve me! Now i cant go anywhere near my house. Help???

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    Default

    Quote Originally Posted by datsdbomb
    hi, i gave my manager 30 days notice..b4 i move...he/she is showing my appt. out to people without giving me any notice b4 entering the appt. is this legal?? if not please advice me what to do..i trying to tell her to give me a call first prior to showing..however, he/she tells me that when i gave them 30 day notice..they have the right to enter anytime without notice...please direct me to the right direction, to what law or rules against this issue...
    your landlord is wrong, you're giving them a 30 day notice does not constitute unlawful entry, until you move, they must provide you with notice to enter. if they enter unlawfully, you can get them for tresspassing. but this depends on what state you live.

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    Default

    Quote Originally Posted by landy
    The property may be the tenant’s home, but the landlord retains certain rights of entry. This does not mean he or she can pop in unannounced whenever desired but, with at least 24 hours' notice, the landlord may visit at his or her discretion. Where repairs are necessary, the landlord has a right to ‘reasonable access’. What ‘reasonable access’ means depends on why they need to gain access. For example, in an emergency, the landlord is entitled to immediate access to carry out work, but he or she does not have a right to enter without notice in any other circumstances, unless a court order has been obtained.
    Is this true in any state?

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    Default State law vary

    In Wisconsin, 12 hours notice is considered 'reasonable notice.'

    Also, if your rental agreement that you signed allows the landlord to show if you have given a 30 day notice you may have specifically given permission. Read your rental agreement to check this.

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    Default

    Is this true for the state of Florida? I have a similar situation with my landlord. My landlord(s) is selling the property and I was called by the real estate agent who originally did our lease, to tell me that my landlords would be by the property around 1:00. I got this message at 12:30 the same day. I told her we would not be home because we were working and she said fine the landlord would just check around the house (outside). I did not realize but my boyfriend got out of work early and he was home sleeping when they got there. He had just gone to bed so he heard them pull up and heard them talking outside. Next thing he knew the front door open and they came in! He heard them going through cabinets and playing with the garbage disposal. He also heard the man say to the woman that "it's her house she's not doing anything wrong" because she didn't want to go in. Then they started to go in the bedroom and they must have seen my boyfriend in bed because he heard one of the say "oh" and they turned around and left the house. If they weren't doing anything wrong then why did they leave the house so suddenly when they saw someone in it? Should I tell the realtor about this? I'm concerned that they will enter the house whenever they want now until the house is sold. It states in our lease that the landlord must give 24 hour notice before coming by the property but it doesn't say anything about them entering the property when nobody is home. Please help.

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    Default

    24 hour notice means that they must give you notice 1 DAY BEFORE entering. The only exception is for emergency. Showing the place is not one.

    Next time start a new thread. Piggybacking is not appriciated

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    Default

    Landlords have a right to show the place, and it is usually outlined in the lease. Your landlord should have given you just one notice of what days the unit was going to be showed. Also, notice to entry is not the same for all states. some have no statute regarding entry. others differ in the time required prior to entry. see below.

    State Amount of notice required for landlord to enter
    Alabama No statute
    Alaska 24 hours
    Arizona Two days
    Arkansas No statute
    California 24 hours
    Colorado No statute
    Connecticut Reasonable notice
    Delaware Two days
    District of Columbia No statute
    Florida 12 hours
    Georgia No statute
    Hawaii Two days
    Idaho No statute
    Illinois No statute
    Indiana No statute
    Iowa 24 hours
    Kansas Reasonable notice
    Kentucky Two days
    Louisiana No statute
    Maine 24 hours
    Maryland No statute
    Massachusetts No notice requirements in statute
    Michigan No statute
    Minnesota Reasonable notice
    Mississippi No statute
    Missouri No statute
    Montana 24 hours
    Nebraska One day
    Nevada 24 hours
    New Hampshire Notice which is adequate under the circumstances
    New Jersey No statute
    New Mexico 24 hours
    New York No statute
    North Carolina No statute
    North Dakota Reasonable notice
    Ohio 24 hours
    Oklahoma One day
    Oregon 24 hours
    Pennsylvania No statute
    Rhode Island Two days
    South Carolina 24 hours
    South Dakota No statute
    Tennessee No notice requirements in statute
    Texas No statute
    Utah No notice requirements in statute
    Vermont 48 hours
    Virginia 24 hours
    Washington Two days
    West Virginia No statute
    Wisconsin Reasonable notice
    Wyoming No statute


    Copyright 2003 Nolo
    .

  11. #11

    Default I have a very bad tenant ,,HELP!!!

    -- I gave a 24 and 48 hrs notice to my bad tenant because I needed to do a routine inspection of my apartment the tenant has refused in three opportunities and now called the police and threading me to have me arrest for trespassing, Now I have a potential buyer ,, what do I need to do to get this bad tenant of my back??? I'm already doing the Eviction process but I need to show my apartment,,any ideas??? I;m in Hartford CT

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    Default

    You go down to the local police station and explain the situation. They take a dim view of deadbeats. There should be a local landlord organization

    http://www.thelpa.com/lpa/associations/connecticut.html

    Here is one I found with a quick search.

    Good luck.

    I am trying to figure out how to keep my tenants from having beer parties and a constantly barking dog.

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    Default landlord

    Here is news for anybody who rents, if your landlord thinks or in their vivid imagination thinks you are doing anything illegal on their property, they can go in anytime their sweet heart desires. In other words they will make something up to cover their nosy little asses. But they would need proff. So my answer to us innocent ones would be leave your door unlocked if they try to set you up and say I leave my door unlocked sometimes or my balcony or my garage if connected. They can be *******s.

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    Default renters

    Quote Originally Posted by landy View Post
    The property may be the tenant’s home, but the landlord retains certain rights of entry. This does not mean he or she can pop in unannounced whenever desired but, with at least 24 hours' notice, the landlord may visit at his or her discretion. Where repairs are necessary, the landlord has a right to ‘reasonable access’. What ‘reasonable access’ means depends on why they need to gain access. For example, in an emergency, the landlord is entitled to immediate access to carry out work, but he or she does not have a right to enter without notice in any other circumstances, unless a court order has been obtained.
    A landord who thinks or in their wild imagination (just wants to be nosy) can say they think you were doing something illegal. So if you are innocent, etc,etc, leave your door open a run to the store, don't lock your balcony door, leave you garage open if it leads to your house, so they won't set up an innocent man or woman....they can also sit outside and listen to conversations or have a device to see what you are doing...x-ray of course...some very bad people out there..
    Last edited by silkwood; 05-26-2008 at 11:39 AM. Reason: word

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    1. Everything is dependant on the state.
    2. Even if there is no statute stating if they must give you 24 hour notice, you can still tell them that, in writing with copies made, and they must honor it. YOU may be renting, but it's still your HOME. You still have rights.

    Quote Originally Posted by silkwood View Post
    Here is news for anybody who rents, if your landlord thinks or in their vivid imagination thinks you are doing anything illegal on their property, they can go in anytime their sweet heart desires. In other words they will make something up to cover their nosy little asses. But they would need proff. So my answer to us innocent ones would be leave your door unlocked if they try to set you up and say I leave my door unlocked sometimes or my balcony or my garage if connected. They can be *******s.
    Again depending on the state. Because here in Colorado they cannot do that.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    they can also sit outside and listen to conversations or have a device to see what you are doing...x-ray of course...
    X-ray. Of course.

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    Do they have to at least knock, or can they just walk right in??

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    Do they have to at least knock, or can they just walk right in??
    In most states, the landlord must give 24 hours notice. Many times they will show up and ask if they can come in. You can tell them "not today"

    Do a search on line (State, City, rental laws) to find out what the law is in your place.

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    Also, can they only show the apartment a certain number of days during the week, or could they show it every single day if they wanted to?

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    Stick to your original thread please. It gets confusing to answer a question in several threads.

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    I live in an apartment community in California. I had today off and was watching some TV when someone rang the door bell. I dident felt like opening so I just ignored it. About 10 seconds later someone opens the door and it is the landlord. All he wants is to check if the water sink in the restroom is working. I dont understand half he is saying, but I guess there was an issue with something. It worked fine by the way. But he doesn't have the rights to completely unannounced to enter my apartment does he? My wife could have been home alone and in the shower or something.
    Last edited by dennymdk; 11-11-2009 at 08:20 PM.

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    In California they must give 24 hours notice unless there is an emergency. Your situation doesn't sound like any emergency, sounds like you caught him snooping. Technically it's a criminal trespass, but most police officers won't get involved and will tell you it's a civil matter.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    Thank you for your reply Alice. I just dropped in a letter in his mailbox. He better not try a stunt like that again.

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    Make sure you have a copy of the letter, and it's better to send it certified with return reciept requested.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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    Seriously? In Missouri, a landlord can simply walk in whenever they wish, no notice whatsoever necessary? How can this be legal? There are no federal regulations at all?

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    Shawn started a separate thread. There's no need to revive this one.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    Will close thread. Thread was started 2005 but has had several more recent posts.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    If I may add for future reference- in some cases the landlord does not have the right to enter your apartment. It is your home. They must respect that. If they have no "emergency" that requires their presence, nor do they have anything to show a reasonable person would think there is an emergency, the landlord is then trespassing.

    It may not be under landlord tenant law, it can be in the same area of civil law as forceable entry & detainer or in the criminal law as trespassing.

    FWIW.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  29. #29
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    Ok but please no more posts in this thread. I closed it for a reason.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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