When can a landlord enter my apartment?

Is my landlord allowed to enter my apartment at anytime?

Does my landlord need my permission to enter my apartment?

Can your landlord enter your apartment at anytime and does your landlord need permission to enter? Start by reviewing your lease. Your lease should have a provision in it detailing when your landlord may enter your apartment or rental premises and what type of notice he must provide before he enters. Outside of the lease most states have a “reasonable requirement” that notice and entry must be given reasonable notice (24-48 hours) and usually during “reasonable” hours of the day (between 9 and 5). In cases of emergency a landlord generally does not have to give notice.

Below is a common lease provision:

Entry by Landlord: Landlord may enter the apartment at reasonable hours to: repair, inspect, exterminate, install or work on master antennas or other systems or equipment and perform other work that landlord decides is necessary or desirable. At reasonable hours may show the apartment to possible buyers, lenders, or tenants of the entire building or land. At reasonable house landlord may show the apartment to possible or new tenants during the last 4 months of the term. Entry by landlord must be on reasonable notice except in case of emergency.

So a landlord generally must provide notice before he intends to enter your apartment and must have a valid reason. Under emergency circumstances he generally does not need to provide notice. So if a serious issue arises that needs immediate attention he may be allowed to enter without notice which you would obviously want. If pipes burst and there was flooding or your heat went off the landlord can usually enter without notice.

You do usually have to provide permission for your landlord to enter when he gives “reasonable” or allowed notice, but this permission can not be denied unreasonably. This means that unless you have a very good reason for not wanting your landlord to enter when he request you must allow him. If it is just a really bad time ask if he can re-schedule it and explain the situation you are having.

There are some landlords that feel they can enter your rental apartment or home at anytime without notice. Even if there is not a provision detailing when and under what circumstances a landlord can enter the rental premises state law would probably have restrictions on this type of behavior. It goes back to the reasonable requirement which we detailed above. Additionally, if you did not have a lease state law would also rule here and again the reasonable requirement rules except in cases of emergencies.

 

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