The Rights of Tenants for a Landlord Entering the Property

The laws in each state permit a landlord to enter a rental property after meeting appropriate criteria, including giving notice to the tenant. A landlord who violates regulations may incur legal penalties and enable the tenant to break the lease agreement.

Tenant's Right to Privacy

As a tenant, you have the right to privacy and your landlord is required to treat the property as if you owned it. Your landlord cannot enter your property without your presence or when you are not at home without consent. If your landlord enters your rental property without permission, he is committing several crimes, including trespassing or even breaking and entering even though the building itself is technically his property.

Appropriate Notice

Your landlord is required to give you appropriate notice of when he would like to enter your residence. Appropriate notice is usually considered 24 hours from the intended date of entry. Your landlord is also required to provide you with a reason for entering your rental unit, such as conducting repairs or an inspection of the property. You are required to allow your landlord to enter the property as long as your landlord is requesting to enter the property at a time when you are available. You have the right to refuse your landlord entry into the rental unit if the landlord would be unsupervised in the dwelling.

Emergency Situations

In cases of emergency, including a fire or natural disaster, your landlord may enter your rental dwelling without your permission for the purpose of making you aware of the danger and assisting you in exiting the property safely. Your landlord may enter your rental property even if you are not at home to make certain no guests are present in the property who may become injured as a result of the emergency situation.

Legal Recourse

If your landlord enters your property without your permission, he is violating the law. You may first lodge a formal complaint with your landlord to immediately cease the behavior. If the landlord does not comply with your request, you may consider your landlord in breach of your lease agreement. This allows you to immediately vacate the premises and stop paying rent. If you move out of the rental property, send your landlord a certified letter explaining the reason for leaving and retain a copy for your records. If your former landlord attempts to sue you for any remaining rent owed on your lease, simply present your records of communication to the court.

References

• Tenant: A Landlord's Right of Entry
• Nolo: Renter's Rights