Entering without Prior Notice: Can my Landlord Do This?

By Tenant

A growing number of tenants are concerned that their landlords may abuse their right to privacy. This is following complaints of tenants coming home only to find that things were not the way they left them. Also, there have been actual documentations of landlords being caught inside the tenant’s apartment. In these cases, what are my rights? Is entering without prior notice legal?



I signed a lease with my apartment manager just over a year ago. I didn’t really read the lease because I was just in a hurry to get a place and then settle down in front of the TV. So yeah, I moved in and I thought everything was okay. The neighbors were nice and the apartment complex was really clean.

But one day, I went home to find my apartment not looking like how I left it this morning. I mean you can sense that someone was there and that was the exact feeling that I felt. Nothing was taken, though, so I just dismissed it to me being paranoid or something. To be doubly sure, though, I bought a small camera and had it on the entire time I was not at home. Imagine my surprise when I saw a recording of my property manager snooping around. What was he doing? Is that legal?

So I did my own research and found out that the lease agreement actually says that the landlord or apartment  manager can enter my apartment at any time. It’s in the lease agreement so it’s legally binding, right? Well, I consulted a lawyer friend and this is what he said:

  • Just because it’s in the lease agreement doesn’t mean that it’s legal. My lawyer friend even said that there are a lot of clauses that need to be reviewed. So since the state and laws give you your right to privacy, a lease agreement should not just trample that liberty.
  • It is okay for a landlord to enter your apartment without notice in the case of an emergency like water leak or fire. If it’s not an emergency then no, it’s not okay for anyone to enter your private space without permission.
  • If you are certain that someone has been entering your apartment without your permission and you have proof of that, you must inform the police in order to be given the privilege to change your locks.
  • If it’s your landlord, show him the tape and kindly  ask why he was inside your apartment. In most instances, one encounter would be enough to avoid the repeat of the incident.

Now if you’re locked in an agreement, you cannot move just yet. So to keep your documents protected, it is advisable that you keep them in a secure location. This could be a drawer that has a lock and a key, or a safe, whichever is more accessible for you.

If it’s allowed, you can also change your locks. But you need to discuss this possibility with your landlord and also check your lease if a clause for locks is included.

If none of these immediate resolutions work, do what I did and file a complaint against your landlord. Maybe the best way to get them to stop and respect your privacy is if you file a formal complaint. The RPA has a complaint center that you can access for complaints. Here’s the link: http://www.rentalprotectionagency.com/complaint_center.php. Good luck!

Edited on: Wednesday, February 6th, 2013 12:22 am

10 Responses to “Entering without Prior Notice: Can my Landlord Do This?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 6th, 2013 12:40 am

Your state laws has a major say in this. For instance, other states may say that a landlor may enter your apartment without permission but in NH, a landlord cannot enter your apartment without your permission. So even if it’s an emergency, your landlord still cannot enter your apartment. So it’s best to check with your state first before thinking anything negative against your landlord.


Anonymous

February 6th, 2013 10:00 am

I had the same problem but it was resolved when I approached my landlord. If it wasn’t him, somebody else could have been entering the apartment. Either way, it will create a negative image on the apartment management. If it’s another person then that means the security isn’t doing its job right. I live in one of those more expensive apartments so I would expect only the best security and services.


Anonymous

February 6th, 2013 9:40 pm

Thank you for sharing. This is really informative and I learned a lot. In my case, the landlord has no chance of snooping around because I’m always at home. I work from home? But reading this, I suddenly realized that what if my landlord didn’t know I was at home and went in? That would have been really creepy.


Anonymous

February 7th, 2013 7:00 am

Granted that the landlord can legally enter my apartment without my permission, then that shoud just be to inspect on the utilities, right? A past landlord opened my lingerie and I don’t think that’s still within the scope of his inspection. After my lease ended, I immediately looked for another place to live. I don’t want to be constantly under the scrutiny of a landlord.


Anonymous

February 7th, 2013 4:00 pm

Hmmm.. Changing the locks may not be a great idea especially if your state’s RHA has it it’s against the law to change your locks without the landlord’s permission.. But if you get the police involved, then you may be granted the permission to change the locks.


Anonymous

February 8th, 2013 2:00 am

That’s why I would prefer to rent homes. Apart from the fact that my landlord may just come barging in, there are also neighbors who could find a way into my apartment. Well, IF my landlord is entering the house which we rent, at least I would only have to worry about one person. Anyway, I made sure that the landlord agrees that we change our locks when we moved in. It’s legal here and my landlord was informed.


Anonymous

February 8th, 2013 11:20 am

I am a landlord and sometimes I really had to enter my tenant’s apartment but that was only during an emergency. I had a tenant who was diabetic and one day, her sister called me and asked if I could check my tenant. So I did and thankfully I did. I found out that my tenant was already in a diabetic coma and if i didn’t get that call and if i didn’t enter the apartment, she wouldn’t have survived.


Anonymous

February 8th, 2013 9:20 pm

I like to be a landlord that impresses my tenants that’s why I make it a point to inform them that they are the only ones that have keys to their apartments. But together with that, I also tell them that in case of an emergency, I might need to break in through the window. I cannot sacrifice the welfare of my tenants especially if the emergency is fire. If this helps, I would suggest that you discuss the possibility of changing the locks with your tenants so you have enough options.


Anonymous

February 9th, 2013 6:20 am

Whenever I leave the house, I always make sure to leave something in a certain way so that when I return and it no longer looks right, I’d know if someone has been inside my apartment without my permission. I also have a dog always (yeah, I pay pet fees) so no one would dare enter without my permission. Truly, a dog is a man’s best friend.


Anonymous

February 9th, 2013 3:40 pm

Always read the lease agreement and get yourself familiarized with your state laws. Those are the only way that you can be informed.


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