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Tina
Tina
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can a landlord come onto the property without permission?

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Timothy Flanagan
Timothy Flanagan
Home Buyer
Whitman
Wed Aug 20 2008, 13:57

ok can someone help me out too we own are own apartment and we talked to the landlord several times and told him not to come in without notice and he keeps just coming in and today we asked about are mail box key and told him to put it under the door and we came back and are keys were sitting on the counter with are mail what should we do about that ?

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Dot Chance
Dot Chance
Real Estate Pro
Studio City
Thu Jan 31 2008, 22:52

Hi, Tina. If you do have a copy of your lease it should have the answer spelled out. In the State of California a tenant has the right to have a peaceful existence without disturbances from a landlord. Of course, a real estate attorney could tell you what the law says.

There are times that a landlord would need to come inside to inspect the premises or to make repairs or upgrades. A landlord should not be dropping by for no reason and should give 24 hours notice before entering.

Web Reference: http://www.DotChance.com
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Brendan Murphy
Brendan Murphy
Real Estate Pro
Laramie
Thu Jan 31 2008, 22:04

My understanding, which may only apply to Wyoming and similar landlord-tenant law states is this:
It really boils down to the lease. Essentially when a landlord rents a unit, he/she has given up the right of
possession. This could really limit what the landlord is allowed to do if there is no written lease. And if there is a written lease and it has no "entry" or similar clause outlying the rights, the landlord could generally be without rights of entry.
Personally, I am very careful about this: I state in a written lease that a tenant will be given 24 hours notice unless it is impractical. I like vague clauses like this as tenants seem to do the one thing you didn't think of. I've had to use this "impracticality veto" many times. Say a tenant won't return calls or if the property is up for rent soon (lease is ending) I don't want to have to give 24 hours notice, I might only give 1.
However, this is rare and I haven't even met some of my tenants.

I agree with the expert that used "reasonableness" as the yardstick. A good way to be a landlord is to pretend 12 people are watching your every move. Would they agree that what I did/do/will do is "reasonable"; would a judge? I try to be fair.
Essentially, the short answer is: Check your lease. If there is no mention of it, I'd say the weight is on YOUR side, but I would check the state laws on the issue before making threats or doing anything.
Good luck!

Brendan Murphy
Broker, CRS, GRI, ePro
Raving Real Estate
Laramie, WY 82070

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Jean Powers, CRS…
Jean Powers, CRS…
Real Estate Pro
Alameda
Thu Jan 31 2008, 21:34

You need to read your rental agreement. Most agreements in CA say that the landlord must give the tenant written notice before entering the premises unless there is an emergency.

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Jim Walker
Jim Walker
Real Estate Pro
Roseville
Thu Jan 31 2008, 21:09

Reasonableness is the heart of the issue most of the time. It is absolutely reasonable for the landlord to enter the premises in case of an emergency.

It is also reasonable for the landlord to show the property for the purpose of selling it, or re-renting it if you have given notice to vacate. For showings, routine maintenance, and inspections the LL should give some advance notice.

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Thu Jan 31 2008, 21:05

With a 24 hr written notice. They have to have a reason to come in, like repairs, or to check the smoke detectors.

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Linette Carroll…
Linette Carroll…
Real Estate Pro
Wilmington
Thu Jan 31 2008, 20:57

In Delaware a landlord can come into your rental property with notice. If he/she justs walks in without notice it is the same as someone walking into your home without permission. When you sign your lease you are basically taking temporary ownership of the property and deserve your privacy. On the other hand, if the landlord gives you notice the tenant has to allow him/her into the apartment/home. The only time they should go in without your permission is in an emergency (Plumbing,leak, fire, electrical).
Find out if there is a landlord tenant code and get a copy of it. Also look at your lease. These documents will tell you your rights and the landlords. I hope this helps.

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Bill Schwent
Bill Schwent
Real Estate Pro
Santa Fe
Thu Jan 31 2008, 20:12

Yes, a landlord can, in most states that I am aware of, come onto the property without the tenant's permission if the landlord in acting within the terms of the lease.

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TED SHOOP - Atl…
TED SHOOP - Atl…
Real Estate Pro
Georgia
Thu Jan 31 2008, 19:59
FIRST ANSWER

When you say come onto the property, are you referring to the exterior grounds or inside the dwelling?What does your written lease say? You do have one, don't you? Each state has different guidelines and regulations for what a landlord can and cannot do. Most agreements typically have some type provision allowing Landlords access to the property for inspections, maintenance, etc. but usually with advance notice and at reasonable times (no 2 a.m. bed checks...).

May I suggest that you review your lease or contact your local housing authority or a consumer organization who handles landlord/tenant issues in your area.

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