Landlord Rights to Enter a Tenant's Apartment

You may be able to tell your landlord when to come in.

Your landlord owns the apartment you rent, but he doesn't have absolute control over it. Most states give renters some degree of privacy; your landlord can't enter whenever he chooses, but only under certain specified circumstances. The exact rights you have depend on which state you live in; if you know your rights, you can stand up for them.

Geography

Some states, according to Marcia Stewart in the book "Renters Rights," have laws that restrict landlords' freedom of access. Renters in other states draw protection from judicial decisions in various court cases, and some states offer no privacy guarantee. If there's no specific protection for tenant privacy, you may to rely on the general "right of quiet enjoyment"--the freedom to live peacefully in the apartment you paid for.

Access

Even states or cities that guarantee your privacy may give your landlord the right to enter under some circumstances. In New York City, for example, landlords have the right to show the apartment to prospective tenants; to provide repairs; or under terms given in the lease. However, the city's Rent Guidelines Board states that landlords have to give you a reasonable advance warning--emergencies excepted--and they can't keep coming in to harass or intimidate you.

The Lease

If your state law doesn't protect your privacy, try negotiating terms into your lease. Ask the landlord for a clause stating the reasons he's allowed to enter and how much notification he can give you. If he refuses, this may be a sign of trouble down the road. Some landlords may go in the other direction and ask for a clause in the lease that waives whatever right of privacy you have. You're better off refusing such a lease, even though courts might not uphold it.

Considerations

Even in a state with strong privacy rights, landlords have rights too. Even if your landlord keeps intruding, you can't refuse to pay rent and you don't have the right to change the locks. If your landlord keeps intruding, tell her you object, and then put it in writing. If you ever go to small claims court, having everything documented will help prove your case.

References

• "Renters Rights": Entry by the Landlord; Marcia Stewart, et al.
• New York City Rent Guidelines Board: Right to Privacy
• "Renters Rights": Tenants Right to Privacy -- Introduction; Marcia Stewart, et al.

Resources

• Nolo: Notice Requirements to Enter Property, State by State