Can my landlord authorize opening my door without entering, to inspect for odors with no notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord authorize opening my door without entering, to inspect for odors with no notice?
Maintenance in my complex was searching for an odor because someone complained. While I wasn’t home, he knocked on my door, without any answer of course. He then called the landlord, and the landlord authorized him to open the door. He did not “enter” my apartment, he only looked and smelled for an odor. This was given without any prior notice. Is this a violation?
Asked on June 21, 2012 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there was reason to believe that the odor potentially represented an "emergen cy"--e.g. that it could have either represented rotting food, mold, or a gas leak which threatened others' health or safety; or that it could have been symptomatic or evidence of someone being sick or injured (and unable to respond)--then the landlord could him/herself inspect the apartment, or allow his/her staff or contractors in, even without prior notice of the inspection. So the issue is whether, under the circumstances, it was reasonable to think this was an emergency or urgent situation or not; if not, the landlord could not enter without prior notice or consent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.