Is a landlord allowed to enter your apartment without your consent?

Question

Early this morning, my landlords office called my cell phone asking for 'Carl'. I do not know anyone by that name, so I told her she had the wrong number and hung up. About a half hour later, I'm in the shower when I hear footsteps and voices in my apartment. Thinking it must be upstairs or next door, I continue to shower. Then I hear my landlord and another person standing outside my wide open bathroom door talking in hushed voices. They didn't say anything directly to me and then they left. I'm worried because I recently adopted two kittens from a shelter and it's against our lease to have pets. However, I've lived here for about six months and in that time, I've seen at least three other tenants with pets. Any advice?

Answer 1

Better check your lease. In some leases there is language that prohibits the landlord from entering without your concent, unless there is resonable evidence that their property is being damaged or somone is in danger. If that is not in your lease they in most cases have the right to enter, and will spell it out in the lease.

Answer 2

PART I: Generally, landlords can enter your rental IF THERE IS AN EMERGENCY, i.e. water is gushing out under the front door. Otherwise, they have to give you 24 hours notice. Coming in to see if you have a pet is NOT an emergency. Check your state laws and/or lease. Normally, what your landlord did is very illegal. If you can prove it.

PART II: Many leases have a clause which state that if the owner chooses NOT to enforce a rule now, he doesn't give up the right to do so later. That covers him if, for instance, he doesn't do anything about pets for months or even years and then one day decides to crack down.

As a property manager, I will tell you that tenant's sneaking in pets is very annoying. Some owners get quite bent when it happens. Little Fluffy is capable of doing a tremendous amount of damage in a very short time. Some owners don't want to take the risk.

Answer 3

Your lease should spell out some of the rules for landlord entering property, and there are also state laws that deal with such things.
In most states, a landlord cannot enter without your permission excpet to perform repairs or routine maintenance, and even then you should be given notice.

Answer 4

They can't enter without giving you advance notice, and that should be spelled out in your lease. Generally, the only reason that a landlord can enter your property without your permission and advance notice is if there's an imminent health and safety threat (like a gas leak).

Next time it happens, call the police.

Answer 5

No they can not enter without proper notice first. I believe it is 24 or 48 hours notice. Unless it is an emergency such as a water pipe broke, fire, something like that. The laws in each state might be different though. I'm speaking for CA.

Answer 6

read your lease. Generally the owner of a building is allowed to enter the premises at any time in an emergency.

Answer 7

tell ur landlord that u were very uncomfortable with her coming into ur apartment without ur consent and if u wanna scare her out of doing it again tell her that since u were in the shower u are afraid that u might have a sexual harrassment case.
Tell her that if there is something she has to do in ur apt that she should call u first so u can be expecting her. her entering without ur consent is unlawful and even if she has a key she should never use it withour ur permission.

Answer 8

Yes, as owners of the property they are allowed to enter the premises during business hours, for any reason. At least, that was the case in the apartment I rented. Read your lease to find out their rules.

If your lease explicitly says "no pets," you will need to find them other homes, or face possible eviction or fines when they find out.

Answer 9

What does your lease say. They can always enter in the case of emergency and usually with prior notice if they have scheduled upgrades or maintenance to be done.

Answer 10

The correct answer depends on where you live and the specific language of your lease.

absent exigent circumstances, the landlord is controlled by your state L/T laws.