Can a landlord enter my apartment without prior notice?

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Can a landlord enter my apartment without prior notice?

We had scheduled and notified of maintenance due, about a week and a half ago. The crew was a no show and so we figured that was the end of it for now. I came home in the middle of the afternoon for lunch and there were people walking in and out of my apartment, leaving the doors wide open with hoses hanging out of our windows and front door. They were doing the previous no show attic repairs. This absolutely blew my mind, that the complex has the gall to let themselves in. Anyone could have taken our valuables without second thought. Am I within legal limits to sue for this?

Asked on December 21, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord can enter your rental without prior notice. The issue is whether or not this is allowable under your state's statute on the subject. Typically a landlord is required to give his or her tenant reasonable notice of the desire to enter a rental. Custom and practice is that 24 hours is deemed reasonable notice.

The only exception for when notice is not required by a landlord to enter a rental to the tenant is in an emergency situation. From what you have written, you were required to receive notice from the landlord about the entry into the rental.

The problem that you have concerning a lawsuit is that you have not been legally damaged. No items were taken or damaged. I would write the landlord about your displeasure over what happened keeping a copy of the letter for future reference and need.


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