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Entry Rights to Your Property
By arlene | February 2, 2008
As a landlord or property manager, you have the right to enter your property, but it is not an absolute right—it’s a compromise between the landlord’s right to know what’s going on and have access to theproperty and the tenant’s right to privacy. After all, the apartment or house must be inspected periodically for repair and maintenance problems, and those repairs must be carried out. Both parties want this and should understand the need for periodic inspections.
All rights and restrictions on entry should be spelled out in the lease agreement. If not, the landlord may claim the right to enter whenever he or she pleases. Most agreements stipulate “reasonable” entry. This means the landlord can’t just drop in every other day and snoop around. Also, there’s usually a notification time, such as a period of twenty-four hours, before entry can be made. Entry is always permissible if the property manger legitimately feels that there is an emergency, such as a fire. And, clearly, a landlord can enter on the spot if the tenant gives permission.
The landlord may need to enter the property for the purpose of showing it to prospective tenants who may move in when the current occupant’s lease expires. A landlord may also enter without permission if he or she believes the tenant has abandoned the property.
Warranty of Implied Habitability
This is a legal term meaning that any place you rent should be habitable. It’s a powerful tenant’s right, even if it’s left unspecified in the lease. The law means that you have the responsibility of ensuring that your property meets the minimum set of standards for health and safety.
A tenant living anywhere in the country has the right to expect the following:
- Compliance with all building codes.
- A safe and clean dwelling.
- Stable walls, floors, and ceilings.
- Appropriate and functioning heating and cooling systems.
- Working plumbing and electrical wiring.
- Safe drinking water and proper sanitation facilities.
- Secure windows and doors.
- Adequate light and ventilation.
- Proper repair and maintenance.
This warranty is based on a recognized idea that in America anyone seeking to rent a place to live has the right to have certain expectations and services that are covered by their rental payments. This right applies equally to the smallest apartment in the dingiest part of town and to the most upscale rental property in the country.
You cannot legally enter a tenant’s apartment or house if the tenant does not grant you access—up to a point. If the tenant repeat. edly denies entry to the landlord with no justifiable reason, he or she may then legally enter anyway. The landlord will have to handle this professionally and appear at a reasonable hour of the day. As always, rules and regulations vary by community, so it’s a good idea to determine your rights and limits in your specific area before you go knocking on any doors.
You cannot legally enter a tenant’s apartment or house if the tenant does not grant you access—up to a point.
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