What are a landlord’s rights if their tenant is on probation and their residence is subject to inspection?

I own a house and I rent one of the rooms to a friend of mine. Several months ago, he got a DUI. He ended up getting probation. Now I hear this probation officer can come to my house at any time, search my fridge for beer and look through my stuff. I just want to know what my rights are here?

Asked on September 8, 2012 under Criminal Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The probatation officer may not search any areas which are neither rented to your tenant/friend nor common areas--that is, for example, he may not search your own bedroom.

However, it is true that your tenant is obligated to allow his probation officer to enter those areas of the premises which he has access to.

If you don't want to have a probation officer searching common areas of the home or in the premises at all, you will need to terminate the tenant's tenancy, assuming that you can. If there is a written lease for a definite term, you may only do so for nonpayment, a material lease violation, at its expiration, or for similar good cause. But if there is only an oral or verbal lease--or, for that matter, a written lease denominated as a month-to-month lease--you may give your tenant a month's notice to move out, then evict him if he does not lease.


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