2007-03-27 12:10:44 · 5 answers · asked by Dana M 1 in Business & Finance ➔ Renting & Real Estate
No. Not in a residential lease. Now this varies by county and state, but the most they can do in a lease is to give themselves a righ to access with 24 hour notice. The exceptions to this are 1- for emergency repairs and 2- in the case of a sale, then they could give you one notice for a period of time and have teh right of entry to show the unit related to that sale.
You have the obligation to enforce your rights here. Try calling them and stating that you will only allow access under certain conditions and let thenknow that NOBODY is allowed in your unit without you being present and without an appointment made 24 hours in advance.
2007-03-27 12:17:36 · answer #1 · answered by sdmike 5 · 3⤊ 0⤋
assuming this is USA, a landlord can place clauses as they see fit in a lease but is it enforceable or immune the landlord from liability probably not
every state has statute/case law which outline what the landlord can and can not do same for the tenant, Under these landlord/tenant laws they always have a statute that says the tenant may not sign away any rights granted under these statutes
next every state has requirements when a landlord can enter a unit for non-emergency situation, usually a reasonable notice, which is usually defined as 24 hour notice
The essence is while the tenant may have signed a document allowing the landlord to enter at anytime w/o notice the tenant can not under state statute waive the right to require the landlord give reasonable notice to enter, for it would violate the tenant's right to quit enjoyment of the unit
now what can you do about the landlord entering w/o notice, next time it happens you can call the police and file a complaint for trespassing on the landlord, even though he owns the unit, the lease is a temporary transfer of some property rights from the landlord to you, as such under Right to quit enjoyment you would have standing to file a trespassing charge against your landlord if he/she enters w/o notice
2007-03-27 19:24:59 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
Landlord can write whatever they want in a lease. Would you sign such a lease is the more important question?
2007-03-28 07:02:03 · answer #3 · answered by ebosgramma 5 · 0⤊ 0⤋
No. It is against residential tenancy law to do this. The landlord must give you 24 hours notice before coming over.
2007-03-27 19:23:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't think it's legal but don't know for sure. Not a good idea to ever agree to anything like that.
2007-03-27 19:17:28 · answer #5 · answered by normy in garden city 6 · 0⤊ 0⤋