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I resident came in the office today concerned about another resident. He hasn't seen the resident in about 4 days, and is concerned because he normally sees him everyday. I tried calling but received no answer. I went and knocked on the door and no one answered. I'm I legally allowed to enter to check to see if he is ok?

2007-01-11 13:11:31 · 5 answers · asked by rhondayvou 1 in Politics & Government Law & Ethics

5 answers

The way I understand it is this: You are the landlord. They know you have a key-you can enter whenever you wish. I would think especially in this case where there is valid cause for concern. I hope everything is OK and that the guy is just out of town.

2007-01-11 13:16:15 · answer #1 · answered by kathylouisehall 4 · 0 3

It depends on where you live, though I don't know of ANY locale where a landlord is free to enter someone's apartment with no notice at all, just because he has the key! Even in backwards Indiana landlords typically have to give 24 hours notice before they enter, except in the case of emergency.

To respond to the people above who believe that because you own the property you can enter it at will - when someone has a lease, even a verbal month-to-month least - they have a possessory right. Even though the landlord retains ownership, he/she gives up the right to enter when he/she transfers possession to someone else. There is typically an exception for emergency since the landlord can expect to get the property back at the end of the lease in reasonably good shape. If the landlord can't enter at all in the case of an emergency, then theoretically he/she would have to stand by and watch the place burn down because he/she can't legally enter.

Anyway, typically the requirement is reasonable notice. So my guess would be that if you give reasonable notice - like a note slid under the door - there would be no problem with you then entering after the required amount of time has passed (check your local law - it's usually between 24 and 48 hours). HOWEVER, if you seriously think there is something wrong with the tenant, then you may be able to enter on the ground that you are concerned that an emergency may exist. Alternatively, is there some kind of social service agency you could call in to check on the tenant? Otherwise, maybe try what someone above suggested - call an alternate number that the tenant may have listed on a rental application.

2007-01-11 22:38:14 · answer #2 · answered by anna13 4 · 0 0

It depends on your local laws.
You have the right to go in if there's an emergency like a water leak or some other issue you think is originating from the apartment. You can also enter for a maintainence issue.
But just because you or another resident hasn't seen this person for 4 days does not, in my book give you free rule over his apartment. The guy could very well be on vacation.
But if you have a valid concern for this person's well being, then I guess you could enter. Have you attempted to contact his employer? You should have that info on his application, along with a few references. You should attempt to make contact with them first. Just to protect yourself.

2007-01-11 21:20:16 · answer #3 · answered by George W. B 3 · 1 0

You the Landlord, You own the building, You can pretty much do what you want as long as it was in the contract

2007-01-11 21:15:58 · answer #4 · answered by Dixie Redneck Dude 2 · 0 0

you can enter the building with your local police ,if you suspect fol play ,or have them check for you ,this is the best means or contact next of kin

2007-01-11 21:19:45 · answer #5 · answered by need and answer 1 · 0 0

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