January 10, 2024

When is a landlord permitted to enter an apartment unit?

Dear Consumer Ed:

Does a landlord have the right to enter an apartment unit at any time on any specified day, even if it’s a national holiday?

Consumer Ed says:  

Landlords may need to enter a tenant’s rental unit at any time to make necessary repairs, respond to emergencies, or to investigate damages to the unit. As with any question regarding tenants’ rights, it is always best to begin by reading the terms in the tenant’s lease. The lease will almost always state when and under what circumstances the landlord reserves the right to enter the unit.

A landlord’s right of entry is not inherently limited by holidays; therefore, a tenant should read the terms of the lease to determine whether a landlord’s entry on a national holiday is permitted.  To the extent that the lease does not limit the landlord’s right of entry on national holidays, tenants wishing to prevent entries during such inconvenient times should promptly and clearly communicate with their landlords to request that they not enter during those times. A tenant should cooperate with his or her landlord to facilitate completion of any repair that may require entry. 

If a landlord enters an apartment unit outside of the scope outlined in the lease agreement, it might constitute a wrongful entry. If you suffer some damage as a result of wrongful entry, you might want to consult a private attorney.

Submit your own question to Consumer Ed.  Remember…we do not give legal advice. Always consult a lawyer about legal issues.

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