If there are 2 people on the rental lease of an apartment and1dies, can the landlord legally let the family of the deceased into the place without permission of the other tenant?

Asked on March 3, 2012 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the landlord may not. A lease is a contract; only the parties to the contract--i.e. the tenants on the lease, or a spouse of a tenant (the laws gives a spouse access rights)--have the right to enter the premises in the absence of a court order. Being family of, even standing to inherit property from, a tenant does not give one any right to enter leased property. If the family has a legal right to property in the leasehold, but the surviving tenant is denying them access, their recourse is to bring a legal action.


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