landlords right of entry?

Question

does a private landlord have the right to enter his property without asking the tenants permission beforehand while the tenant is out?
if not actually illegal its certainly bad manners.

Answer 1

In the US the landlord NEVER needs permission to enter their own property. They can enter at will for urgent matters and with 24 hours notice for anything else. Entry can not be denied, for any reason.

Answer 2

Your lease should clearly state under what circumstances the landlord can enter the unit without prior notice. I've never seen it be allowable for anything other than an emergency - fire, water streaming out the door or through the walls/floor, things like that. In most states of the US, check your local landlord-tenant code, the landlord must give written notice of at least 24 hours that they will enter the unit.

Answer 3

In English law at least, the property may be the your home, but the landlord retains certain rights of entry. This does not mean he or she can pop in unannounced whenever desired but, with at least 24 hours' notice, the landlord may visit at his or her discretion.

Where repairs are necessary, the landlord has a right to ‘reasonable access’. What ‘reasonable access’ means depends on why they need to gain access. For example, in an emergency, the landlord is entitled to immediate access to carry out work, but he or she does not have a right to enter without notice in any other circumstances, unless a court order has been obtained.

In other words, most decent landlords would agree a mutually convenient time to visit, failing which once they've given you the notice and the notice period has expired they can come in whether you're there or not. Or, if there's a suspected leak of some sort, they can obviously enter immediately to deal with it (which you'd welcome, I'd imagine).

Answer 4

They have the right to enter the premises without unduely disturbing the tenants' rights to occupy the premises. There is usually between a 24 to 72 hour notice requirement of the intent to enter the premises. Without notice in writing and delivered [it does not matter whether the tenant has read it or not], the owner can enter the property at the stated time. Without said notice with sufficient time passed, the ingression onto the property can be viewed as breaking and entering/trespassing.

Answer 5

They should give you 24 hours notice in writing - of course, if you are on good terms with your landlord, a phone call will normally suffice. Apart from the fact that that your landlord is entering illegally, he/she most certainly is downright rude about it.
Mind you, may I just add that if there is a specific emergency and you are unavailable, then that would be a different matter. Make your own judgement as to whether the situation is "an emergency."

Answer 6

The Tenancy Act clearly states that the landlord or letting agents need to give you 24 hours notice before entering the property. There is no loophole allowing this kind of illegal behaviour of tenants...cowboy landlords....you have rights...

Answer 7

Most states have statutes requiring 12 to 24 hours advance notice of entry into rented premises, with the exception being that no notice is required if there is an emergency situation, such as a burst pipe or fire. The emergency need not be located in your particular unit. If the burst pipe is in the adjacent unit and access is required to YOUR unit to handle the problem, that is acceptable under statute.

Other than that, your landlord should be providing the required notice to enter per the statute.

Answer 8

look to your state attorney general web site, but in most cases if the landlord gives 24 notice, they are within their right to enter the unit, also they do not need the tenant's permission

Only if it is an emergency may the landlord enter without notice

Answer 9

Landlord/tenant rights vary a little from state to state. Look at your lease agreement to see what type of notice is required. Clearly, the landlord must have the right to enter his property. Typically, again typically, they should give you prior notice (a day or two) and not just barge in. This, of course, does not apply to the landlord taking care of maintenance items. Hope this helps.

Answer 10

Typically a landlord needs to give you 24 hour notice to enter the property - the only exception is if it is an emergency situation. You should check the laws in your state but typically this is how it works