do landlords have the right to enter a house/place of living they are renting?

[zixxer]

see topic


Kind of curious about that.. I live in a townhouse, and the people pretty much just come in and change the filters, check the fire extinguisher, etc..... is there some law stating I cannot tell them no?

 

[Juno]

Good question, my parents are landlords and they don't do anything like that. So I cannot answer that..

 

[Safeway]

I don't think so, but I'll check.

 

[dafatha00]

In California, apartment complex owners have the right to enter depending on the circumstance. For regular maintenance, they're required to notify the resident in advance (not sure how long).

 

[edro]

You MUST give a notice. It is usually 24 Hours, but you ALWAYS have to have a notice, legally.

 

[Reel]

My old lease specifically stated that they cannot enter in without providing 24 hours written notice or me requesting it. I don't think that was standard lease stuff though so perhaps they typically retain the right to inspection and maintenance of the property.

 

[Zysoclaplem]

When I lived in an aprtment we were always notified. But they only came in for maintenance.

 

[txxxx]

Originally posted by: edro13
You MUST give a notice. It is usually 24 Hours, but you ALWAYS have to have a notice, legally.

Yup, same with my contract

 

[mcvickj]

The place I'm at leaves a note on the door at least two days in advance about any type of maintenance that requires them to enter my apartment. If the time doesn't work for me I can call the office and ask them to schedule it for a different time.

 

[ElFenix]

read your lease contract! it governs all of this and nothing ATOT tells you is necessarily right because they're all under lease contracts that probably vary from state to state!

 

[Double Trouble]

As usual, the answer depends on where you live. Each state has it's own laws governing this kind of arrangement, but most require the landlord to provide reasonable notice that they will be entering. It makes sense that the property owner should be able to occasionally take a look at his/her property to make sure everything is the way it should be.

 

[MBony]

Originally posted by: ElFenix
read your lease contract! it governs all of this and nothing ATOT tells you is necessarily right because they're all under lease contracts that probably vary from state to state!

 

[Vic]

In most states, landlords have the right to enter inside the rented dwellling with 24-48 hour notice to the tenant. They MUST give this notice, unless the tenant consents to something shorter (i.e. in an emergency). They can't just show up without notice and enter whenever they feel like it. If they do give proper notice though, then the tenant cannot lawfully prevent them from entering the premisis.

edit: Laws regarding rental properties vary greatly by state. State by state info -- Text

 

[AmerDoux]

Even without a written rental agreement, there are laws that are automatically in place to cover basic things such as this. In CA, you can locate them at the Dept. of Consumer Affairs website, search under Landlord/Tenant. With a little searching, you should be able to find the same info for your state.

g/l

 

[Injury]

The minimum law is always 24 hours notice and that it can't be at a time inconvient for the renter (ie: middle of the night, during a time when the renter has planned to entertain guests.)

However, check your state's laws to know the specifics, as some states require at least 48 hours (I think one or two require 72!) and some have other important restrictions.

 

[DanDrop]

4 ways a landlord may enter: (in CA)

1. deal with emergency - may enter without giving advance notice in order to respond to situations that cause damage or injury to property and life. Ex. gas, fire, water leaks.

2. tenant gives permission to to landlord - landlord may enter without giving 24 hour notice if there was an agreement with tenant. Usually the case to fix minor instant repairs like plumbing or heating.

3. Entry to make repairs/maintenance - Landlord or designated repairperson usually gives 24 hour (or reasonable time period which is not necessarily 24 hours) notice to tenant to make routine maintenance/repair/alteration. Landlord may enter during 'normal business hours'.

4. To show property - to prospective tenants (usually at the end of tenancy). Landlord usually gives reasonable notice to occupants and during 'business hours'

I am not a lawyer, so this is not considered as legal advice .

 

[dafatha00]

Originally posted by: edro13
You MUST give a notice. It is usually 24 Hours, but you ALWAYS have to have a notice, legally.

No it's not always. Firstly, it varies from state to state. And like I said, it also depends on the circumstance. In emergencies, the landlord has the right to enter in without advance notice.

 

[RossMAN]

http://forums.anandtech.com/me...8&threadid=1452192

 

[shilala]

My wife and I rent out some houses and an apartment building. I can enter them whenever I see fit on zero notice, as deemed necessary (by me).
I try to call people ahead of time so I don't see anything that I don't want to see (did a "pop-in" once to a table full of wacky tobaccy and various wack paraphanalia spread out).
If we are sending any repair people, we always call ahead and let the folks know when they are coming so that they can be present. If they can't be present when repair people are scheduled to come, I'll try to make myself available to be there, or reschedule when the tenants can be there. I don't want to deal with "the electrician stole my stuff".

 

[mrrman]

Originally posted by: DanDrop
4 ways a landlord may enter: (in CA)

1. deal with emergency - may enter without giving advance notice in order to respond to situations that cause damage or injury to property and life. Ex. gas, fire, water leaks.

2. tenant gives permission to to landlord - landlord may enter without giving 24 hour notice if there was an agreement with tenant. Usually the case to fix minor instant repairs like plumbing or heating.

3. Entry to make repairs/maintenance - Landlord or designated repairperson usually gives 24 hour (or reasonable time period which is not necessarily 24 hours) notice to tenant to make routine maintenance/repair/alteration. Landlord may enter during 'normal business hours'.

4. To show property - to prospective tenants (usually at the end of tenancy). Landlord usually gives reasonable notice to occupants and during 'business hours'

I am not a lawyer, so this is not considered as legal advice .

This is correct...I was a landlord at one time. Written notice MUST be given in order to enter the premises unless its an emergency. IF not thats considered breaking and entering.

 

[mcveigh]

I rent out a duplex, and I haven't had problems, I respect their privacy. I always ask if I can come over, usually it's for routine work.

 

[AaronB]

Originally posted by: shilala
My wife and I rent out some houses and an apartment building. I can enter them whenever I see fit on zero notice, as deemed necessary (by me).
I try to call people ahead of time so I don't see anything that I don't want to see (did a "pop-in" once to a table full of wacky tobaccy and various wack paraphanalia spread out).
If we are sending any repair people, we always call ahead and let the folks know when they are coming so that they can be present. If they can't be present when repair people are scheduled to come, I'll try to make myself available to be there, or reschedule when the tenants can be there. I don't want to deal with "the electrician stole my stuff".

You get the tenants to agree to this in a lease?

 

[Zarick]

No written notice is not required in given circumstances.

for example if you send me a work order and sign it, it specifically states on my work order that will will enter your unit to fix it during normal business hours without prior announcement.

Also we can enter in an emergency.

 

[Nitemare]

Originally posted by: AaronB

Originally posted by: shilala
My wife and I rent out some houses and an apartment building. I can enter them whenever I see fit on zero notice, as deemed necessary (by me).
I try to call people ahead of time so I don't see anything that I don't want to see (did a "pop-in" once to a table full of wacky tobaccy and various wack paraphanalia spread out).
If we are sending any repair people, we always call ahead and let the folks know when they are coming so that they can be present. If they can't be present when repair people are scheduled to come, I'll try to make myself available to be there, or reschedule when the tenants can be there. I don't want to deal with "the electrician stole my stuff".

You get the tenants to agree to this in a lease?

He runs crack houses what do you think

 

[shilala]

Originally posted by: AaronB

Originally posted by: shilala
My wife and I rent out some houses and an apartment building. I can enter them whenever I see fit on zero notice, as deemed necessary (by me).
I try to call people ahead of time so I don't see anything that I don't want to see (did a "pop-in" once to a table full of wacky tobaccy and various wack paraphanalia spread out).
If we are sending any repair people, we always call ahead and let the folks know when they are coming so that they can be present. If they can't be present when repair people are scheduled to come, I'll try to make myself available to be there, or reschedule when the tenants can be there. I don't want to deal with "the electrician stole my stuff".

You get the tenants to agree to this in a lease?

Yup.
Here's exactly what it says...

29. Access to Premises
Owner, Management, and his assignees reserve the right to enter the residence to inspect, make necessary repairs, supply services or show it to prospective residents, purchasers, mortgagors, workmen, or contractors. Whenever practicable, a 24 hour notice of the parties? intent to enter shall be given to Resident. The Management may also display ?for rent? and ?for sale? signs on the building of which the rented residence is a part.

I actually get to dictate what's "practicable". It's never been a problem, and I've never had a gripe. When we rent a property I sit with the prospective tenant for about an hour reviewing the lease before they make payment or take occupancy. We always understand each other, and they realize we're not here to stick it in their ass.
That said, this is Backwater, PA and not Metropolis, USA. We don't see the advanced potentially litigious tenant/landlord situations that you see in NYC or elsewhere. For instance, the folks around here don't sublet their apartments because finding another apartment is no problem, and they can walk away from a lease without landlords suing them.
It's all really very simple and personable. I can call any one of the people who rent from me and stop over for coffee at any given time. They can do the same.