What is a landlord’s right to entry and a tenants privacy rights?

The laws governing a landlord’s right to entry vary from state to state. However, all states recognize that a tenant has a right to privacy and to the “quiet enjoyment” of the rental property. A landlord may enter a rented property for limited reasons: to make an inspection, to make repairs or to show the property to a new, prospective tenant. Additionally, your landlord must follow certain protocols before entering your home. Your landlord must give you written notice of his/her intent to enter the premises. In most states, notice must be given at least twenty four hours in advance and the notice must include the date and time of proposed entry, approximate length of time entry is needed and the reason for entry. Some states require that the landlord accommodate your schedule when seeking entry so that you may be at the premises if you so chose.

There are two exceptions to the limits on a landlord’s right to entry. The first is in case of an emergency such as a fire or burst water line.  States are clear that landlords are not to abuse this right to access. The second reason is if you and your landlord have a written agreement allowing him/her access without notice. Because of this exception, it is important that you review your rental agreement carefully to determine if such an agreement exists.

If you feel your landlord is attempting to enter the premises in violation of your right to privacy, you should certainly contact an attorney who can advise you of your rights versus your landlord’s rights. Your landlord does not have an absolute right of entry and must act in adherence with the laws and the provisions of your lease agreement. For more information about attorneys who specialize in landlord/tenant relations please see the link below.