Can the managers/owners of an apartment community enter a renter's apartment anytime they like?

Question

Apartment communities in the U.S. have a standard clause in lease agreements, giving the management unlimited access to enter any apartment anytime (just like the ex-Soviet Union!), and although they say they exercise this right only in cases of emergency, I have witnessed several cases where a maintenance person just barged into my apartment.
What constitutes an emergency? Isn't this a violation of individual's rights of privacy and even hygiene?

Lease agreements also embody another clause where it says the apartment community cannot be held responsible for any loss of personal belongings in the apartments -which would make sense if they did not have the right to send maintenance personel into people's homes in their absence: isn't this authority vulnerable to misuse?

Answer 1

read your question. you've answered your own questions

as per authority vulnerable to misuse - all authority is vulnerable to misuse. have you had anything stolen?

what motive are you implying that 'barging into your apartment is fulfilling?'

how do you know that contact wasnt attempted prior to entry? where you in the apartment when entry occured?

no further questions, your honor

Answer 2

Any owner or person or persons doing the renting for the owner (or their maintenance people) can enter your apartment at any time, and in any emergency. They are, however, under normal circumstances, supposed to give you some notice, like letting you know the day before they enter. By that notification they are not asking you if they can enter they are saying that they will enter. No, it's not a violation of anything with regards to you because it's your choice where you want to rent. An emergency is just that, broken water pipe, water running, hole in the roof, something that could affect your neighbors as well as you, or something that needs to be fixed immediately, like a broken or leaking AC because in very hot areas it could affect an elder person's health negatively. This has nothing at all to do with the Soviet Union and isn't like what they do at all.

Your other question, I think, is: "should I have apartment insurance" and the answer is "yes, definitely" and your apartment complex I'm sure does suggest that to you, also flood insurance if you need it in your area. It's your responsibility to get insurance to cover your personal effects.

Answer 3

It's always 24 hours notice, except for an emergency, as you said. An emergency could be a fire, broken pipes that are flooding other apartments, but not just to fix the garbage disposal or something. It has to be a serious disaster for them to just come in.

The other exception is if you grant them access earlier than 24 hours for the minor things. But they should always ask first.

Now, as far as this wacky clause about stuff missing, I'd call the Fair Housing Board and look into that.

Answer 4

I think that in the lease agreement or apartment's guidebook,there should be definitions and situations described under which a landlord or maintenance can visit the premises without the notice.Usually they leave a note 24-48 hrs beforehand. It is not legal to go into the apartment whenever one feels like it.
It's invasion of privacy and they can held liable for misuse of their authority.

Answer 5

It's a violation of your right to quiet enjoyment, which you have at common law, and which most states do not allow to be waived in a lease.

Make a written objection to management, certified mail return receipt, keep a copy for yourself. Document every violation this way. You may find it useful at some point.

It is also a violation to evict you or threaten to evict you for making a complaint.

Answer 6

each state has different laws. check the laws of your state and then sue the landlords if they violate. they can write whatever they want in their agreements but that does not give them any rights beyond the law provides them. that is why they passed laws limiting their rights. in Calif you are entitled to a 24 hour written notice posted on your door.( unless emergency like smoke coming out window or screaming or something)
As to theft, nanny cams are cheap. set one up and you may be able to have the janitor arrested, if he is robbing you.

Answer 7

Doesn't your lease state that management can either give 24 hr. notice to come in, or that they can come in in case of emergency weather ,ot ck appliances ,furnaces ,or drip water in freezing weather,suspected fire,flooding, - if you aren't home. Or to do a welfare check. Read it again

Answer 8

they can't just "barge" into your apartmant. they have to knock, and if they are sure no one is home, they can come in, but they must have a reason for being in your apartment. they will always have a key to your apartment in case of an emergency. if you don't want them in your apartment, you had better tell them.

Answer 9

The Landlord should give notice, date and time agreeable with you, and reason HE/She is visiting your apartment. And you should be present.