Landlord Entering Your Unit? OK or NO?

by Stirling Gardner

As a property manager, you can own a rental dwelling, but once a renter starts living there, you can't enter the apartment any time you want. The fact of the matter is, renter privacy rights are very specifically watched over, even though the legalities are different from state to state. This holds true even if you don't have a written.

But, although there are variances in the manner every state looks out for tenants' rights, there are some overall guidelines that apply in nearly all situations.

Even though the rental lease agreement says that the property manager can have unlimited accessibility to the unit, the property manager hasto supply adequate advanced notice, either in writing or verbally, that he might the unit and the circumstance for entering. If it is not an emergency, the 2 situations for entering are to do maintenance, or to display the unit to a potential renter.

"Reasonable notice" is usually understood to demonstrate that the renter is given adequate preparation to vacate the unit if they decide to, or at least not be surprised by an humiliating circumstance.

There is another significant thing to note about having given advanced notice. Although you have notified the renter you may be entering, you do not have the ability to go into the dwelling anytime of the day or night unless it happens to be a genuine crisis. To go in whenever you want would violate the occupant's right to the 'quiet enjoyment" of the unit, and the occupant's right to have full dominion over the unit. If a property manager interferes with these rights by consistently coming into the apartment with their own keys and without delivering notice, the renter may file a lawsuit provided he can display they have suffered damages because of this entry. A great instance of this is if the renter works out of their apartment, and the property manager's consistent entering has resulted in the renter to not be able to complete his work.

Having the knowledge to know when you as property manager are able to go into an unit is not as challenging as it might appear. Here's how it is best laid out: - If it is a blatant crisis such as fire coming out of the unit - property manager may enter and the renter would not be able to sue. - If it is a substantial repair, but not a crisis such as removing mold - the property manager should be able to enter though the renter does have some say as to the timing of the job. - If it is to display the unit to a potential renter - here is where the renter has the most say, and the property manager will have to understand their rights when setting up a time to show the unit. You might want to lay out the rules for entering in your rental lease agreement.

Every state may have varying requirements regarding how the property manager can enter the leased unit. So what is the ideal way to make sure you don't get taken to court for ignoring a occupant's right to privacy? Have a rental lease agreement that explains when the property manager is allowed to gain entry, and be familiar with your state's privacy laws and regulations. Google your State Attorney General's Office or Consumer Protection Agency to learn about renter privacy privileges.