The Law Office of Seth Rosenfeld, Esq.
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The Law Office of Seth Rosenfeld, Esq.
We Can Answer All Your Questions
During A FREE Consultation
When can you enter your property legally?

When can you enter your property legally?

| Jan 6, 2020 | Firm News |

You want to check on your property, but you have tenants in place. You don’t want to violate the law, but you have a feeling that there are problems in the home that you haven’t been told about. Neighbors have complained about noise, parties and damage to the home, so you want to check things out as soon as possible.

As a landlord, you need to be sure of the law. Your tenants do deserve privacy in their unit, but at the same time, you also have a right to enter with reasonable notice.

When can you enter your property if a tenant lives there?

Usually, you can enter the property if there are health or safety concerns, if you’ve had access granted to you by a court order, if you’ve sold or rented out the property and gave notice for a showing, or if the property needs maintenance.

It’s normal to enter the tenant’s apartment or home if you are performing a move-out inspection or planned walk through. Most of the time, you’ll need to give advanced notice. Your lease may dictate exactly how long you have to give your tenant before you enter. Most landlords give at least 24 hours.

If your tenant requests maintenance, then that may be the approval for entry that you need. Include that in your lease if you’d like to be able to enter after a maintenance request is made.

When can a landlord enter the premises for the purposes of issuing an eviction or ejection notice?

If you need to enter the property to evict your tenant, then you can enter if you are with a law-enforcement agent who has a service of process order for the eviction.

In any situation, it’s not legal to harass your tenant. If you want to enter the property, always reach out to your tenant and ask about the possibility of entering. Generally, you’ll need to give 24 to 48 hours before you enter, but your lease and the law dictates what you can or cannot do. If your tenant gives you approval to enter, then you can enter right away or at the time they agree to within that period of time.

Can you enter in an emergency?

In an emergency, you can enter a tenant’s unit at almost any time. For example, if there is a fire, flood or gas leak, you may enter immediately.

If you have questions about when you can or cannot enter a tenant’s property, your attorney can give you more advice.