can landlords enter your rental without prior notice or permission, if there is no emergency?

Question

Landords entered our rental many, many times without our knowledge, we found notes in the house and in the garage from them. Is there anything that can be done about this?

One note asked us to turn lights off after dark, although we paid electric?

Answer 1

unfortunately they do, please read over your lease to check and make sure. nothing can be done about it especially if it's in the lease that they can and will enter the property w/ or w/o your consent.

Mom of B & D

Answer 2

Determine what your lease says first. It is customary (and in some states it is law) that a tenant get notice (usually 24 hours) before the landlord or his agent can enter. Typical exceptions to the prior notice requirement are emergency or abandonment.

This varies from lease to lease and state to state, so it isn't necessarily breaking and entering or even against the law as some responders suggest.

I would strongly advise you to document when these intrusions occurred in case you decide to take action to terminate the lease for trespassing or harassment. Make sure you've asked the landlord, in writing, to provide you notice when they wish to see the property and be reasonable in trying to accommodate routine inspections/visits. Anything more than 1 or 2 a month could be a legitimate argument for a harassment claim in my opinion.

Answer 3

The right to inspect is generally stipulated in a lease agreement. I've owned several rentals and some of which I've had little trouble with tenants, however a couple I've gotten complaints from neighbors and city which required my presence because of garbage, and yes, I would stop in and leave notes to clean up the messes. I've evicted people based on not taking care of the property as they agreed when they signed the lease.

What do the notes say? does is stipulate you correct a problem? if so, do it or expect more notes.

Don't physically change the property as one idiot suggested by changing the locks. If I were the landlord that is just cause for lease termination and eviction.

Answer 4

They absolutely cannot enter without notice, unless there is an emergency. While the landlord does not necessarily need permission, he/she does need to give notice. Check your lease to make sure there is not another provision allowing this type of entry. If it is a standard lease form, you will find the clause that mentions they cannot enter unless certain circumstances exist.

I would write the landlord a letter formally requesting that you are given notice (12 hours is standard) when he/she plans to enter your dwelling. If the landlord continues to do this, check where you can file a complaint. That depends on what state you are in.

Good luck!

Answer 5

Michigan does not have a statute regulating entry by landlord. That actually means that the landlord is PROHIBITED from entering your leased premises, EXCEPT (1) with your permission, or (2) as otherwise specified in the lease agreement, or (3) as reasonably necessary to comply with the lease provisions. You should tell this guy that, at a minimum, you want advanced notice before he enters your home.

Answer 6

You need to look over your lease as well as city, county and or state ordinances. See if you can get any information from your local legal aid or online for you city / state.

Example; here in Cleveland, Ohio the landlord as to give at least 24 hours notice prior to entering unless it is an emergency. Otherwise it is breaking and entering. And the landlord can also be sued for actions that are against the Ohio Revised Code.

Answer 7

Although it depends on your lease most leases require the landlord to give reasonable notice to the tenant and to request acess at reasonable times (ie not at 12am when you're trying to sleep.)

In a standard lease the only time a landlord can enter without notice is during an emergency (severe weather, utility problem, neighborhood riot, etc.)

Also, if you're paying the utilities they can't tell you to shut the lights off anytime.

Answer 8

YEP, it is called breaking and entering. The only LEGAL way for the landlord or the property owner to enter into your apartment or house is to give prior notice or if there is an emergency.

Answer 9

Take them to court. Or you can stop by the police station and file a complaint for breaking and entering and trespassing. As long as you have a valid lease, you "own" that property as long as you fulfill the terms of the lease agreement. No one can enter without your permission.

Answer 10

In general I do not believe they do. You should look at your lease or get a copy of it. If they do not explicitly state that they will and can, I do not believe it is their right to do so.

However, if they are coming in to treat for pests or other routine maintenance, I think they can - but I'm also pretty sure they should tell you that they were there.

What were the notes for?

Hope that helps.

Joe...

Answer 11

Read your lease agreement. I know in my apartment complex they cannot enter without giving me notice first. My water heater broke down recently and I had to sign a form saying it was okay for them to come in and look at it. If it says in your lease that they cannot enter without permission you may have a case but if it doesn't then sorry but your s.o.l.