Landlord's Right to Enter
When you move in to a rental property, you agree to let your
landlord handle many of the repair and maintenance problems. You
also agree to lose some of your privacy rights. Unless your
landlord is incredibly talented, he, or one of the people
responsible for maintaining the property, must enter your home
in order to make repairs and give inspections.
When you're drawing up the lease, it's important that you
include a clause regarding the landlord's right to enter your
property. Without it, your landlord may be able to enter without
any notice as he or she wishes. The 1994Boulder Model Lease
suggests the following clause: "Resident shall permit
owner/agent to enter the premises at reasonable times and upon
reasonable notice for the purpose of making necessary or
convenient repairs or reasonable inspections, or to show the
premises to prospective residents, purchasers, or lenders. Entry
may be made without prior notice only if owner/agent reasonably
believes that an emergency exists, such as a fire or broken
water pipe, or that the premises have been abandoned."
Keeping this clause in mind, there are times when it is
perfectly acceptable for your landlord to enter the property,
and times when it isn't.
When is it okay for my landlord to enter?
# In the event of an emergency i.e. a fire, a water/gas leak
Obviously, I doubt the landlord would let a fire burn down the
entire complex just because he didn't give you 24 hours notice
that he was going to enter and put it out. The same goes for any
other event that puts you or the rest of the renters in physical
danger.
# With your permission
This is another no-brainer. If you tell your landlord it's okay
to come in, he or she can't get in trouble for entering!
# To show the property to prospective renters/purchasers/lenders
Whether you want to move out or not, if your lease is up and the
landlord has decided he wants to rent the property to new
tenants, he has the right to show the property to other people
(provided he gives you at least 24 hours notice.)
# If the property has been abandoned
This way, in the event of a tenants death or unexplained leave,
the landlord can get in to the apartment and prepare it for new
renters.
When is it unreasonable for my landlord to enter?
# When he or she simply wants to check up on you
In most states, it's alright for the landlord to inspect the
property. However,