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

[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.

[elklaw]

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.

[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...

[rhedwat]

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???

[idalis]

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.

[gamags36]

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?

[coldoutside]

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.

[Bky1325]

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.

[GotSmart]

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

[Brook]

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
.

[landlord with bad tenants]

-- 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

[GotSmart]

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.

[silkwood]

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 assholes.

[silkwood]

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.

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..

[cactus jack]

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.

Originally Posted by silkwood

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 assholes.

Again depending on the state. Because here in Colorado they cannot do that.

[las365]

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.

[Blobbie]

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

[GotSmart]

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.

[Blobbie]

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?

[GotSmart]

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

[dennymdk]

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.

[Alice Dodd]

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.

[dennymdk]

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

[cactus jack]

Make sure you have a copy of the letter, and it's better to send it certified with return reciept requested.