The landlord came by and demanded we let her in for inspection. We told her she should give us some notice and she could come by tomorrow at 1. She said we broke the lease and she is going to evict us. Can the landlord just come by anytime without notice, and we have to let her in.
2006-08-28 02:17:13 · 11 answers · asked by purplejoyv 2 in Business & Finance ➔ Renting & Real Estate
No, except in an emergency your landlord CANNOT just drop by an demand inspection of the property. Even if your lease is silent on this issue, landlords must give reasonable notice prior to entry into the property. The courts generally have ruled that 24 hours is reasonable notice.
Fact is, by acting in this manner your landlord is breaking the lease, not you. And in many jurisdictions she's breaking the law as well.
Rest easy. Your landlord will never get an order of eviction based on your refusal to allow her into the property without proper notice. Your response to return tomorrow at 1:00 was both correct and gracious. (Personally I would have told her where to go -- and to request access in writing or take a hike.)
2006-08-28 03:26:02 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Most laws require 24 hour notice unless it is an emergency.
They are not allowed to search or go through your draws or your personal information. They just have the right to check for damage and make sure your apartment/home is not a mess. They do have to give a 30 day or 60 day eviction notice. Before you have to move out. Look at your lease at see if you agreed to surprise inspection but still can not be during the time you sleep. Some states and cities have changed it a 60 day notice for evictions. The eviction notice must be in writing.
2006-08-28 02:58:47 · answer #2 · answered by webworm90 4 · 0⤊ 0⤋
It is to my understanding that a landlord has to give you 24 hour notice for an inspection of the property. Unless it is stated in your lease that it is done when they want to pop one on you. You need to read your lease and see if it states when they give the inspections. It may be that they give them on the same day of the month so that way you will know they are coming. I had a landlord that done them once a month and they usually fell on the 1st of the month when he collected the rent. I do know that a landlord CANNOT come into your house without you knowing and they can get in trouble if they go in your house without you knowing or being there.
2006-08-28 02:34:06 · answer #3 · answered by cmsmith114 3 · 1⤊ 0⤋
You will need to review your lease. generally speaking if the landlord feels it is an emergency they can request an inspection without notice. For instance, if you downstairs neighbor had water leaking through the ceiling, the landlord should be able to do an emergency inspection. It would most likely address that in the lease.
2006-08-28 02:25:34 · answer #4 · answered by jimmy dean 3 · 1⤊ 0⤋
assuming this is USA, all states have statutes which require a landlord to give notice before entering a rental unit other then for emergency situations which if it's an emergency then she can enter with out notice
depending on what state for example CA a landlord can not even with notice just enter a place to inspect, must have a reason to fix something or show the unit to be on the premises
read the lease but if she used a standard lease it will say entry with reasonable notice, if for some reason she has landlord can enter at any time, then look up your state laws b/c under each state statute with landlord/tenant law
one they have a statute that says a tenant can not waive their rights under state statute in regard to landlord/tenant law
second each state places reasonable notice on landlords to enter an apartment in non-emergency situations
2006-08-28 03:44:40 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
Unless you have committed an illegal act or indeed proper notification of you breaking the lease has not been provided to you, or the inspection is not premised on an emergency, the answer is no. Constitutionally you have the right of "quiet enjoyment" of your property and such a disruption caused by a non noticed inspection violates that right even though your right is premised on rental rights.
2006-08-28 04:24:49 · answer #6 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Read your lease. Normally a landlord has to give you notice
2006-08-28 02:22:41 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Check your lease..I would think the property owner would be entitled to an inspection with reasonable notice.
2006-08-28 02:22:05 · answer #8 · answered by Q.S.G 3 · 2⤊ 0⤋
ldepends on your state laws the landlord can come in at anytime with an appointment like she set up
2006-08-28 04:33:54 · answer #9 · answered by Marianne 2 · 0⤊ 0⤋
Depending on where you live, they usually have to give 24 hours notice. You can do a search for "renters rights" in your state.
2006-08-28 02:25:42 · answer #10 · answered by Shannon H 1 · 2⤊ 0⤋