Can I enter my tenant’s property without consent for an inspection?

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Can I enter my tenant’s property without consent for an inspection?

I have a tenant who refuses to allow me access to the property. The property is for sale and and I have a buyer. Now we need the inspection. She is going on vacation for three weeks and I would like to have the inspection done while she is away so there is no conflict and it can be done peaceably. It is not a multiple dwelling 3 individual units. It is a 2-family house. The downstairs tenant is fine.

Asked on August 17, 2019 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you may. A landlord has the right to access a tenant's leased unit (which is, by the way, not her property anyway--it is your property) for inspection, repairs, maintenance, or to show it for sale and does not need tenant consent. You can even do it when the tenant is not there. Your only obligation is to provide property written notice (at least 24 hours, though longer is better when possible) of the entrance and to enter, etc. during reasonable hours (generally 9 - 6, unless mutually agreed otherwise). You should send the notice several ways you can prove or testify to delivery: e.g. by email, but also certified prority mail and possibly slip it under her door as well.


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