Can my landlord’s friend enter my house without notice?

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Can my landlord’s friend enter my house without notice?

Asked on June 23, 2012 under Real Estate Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I will assume here that this friend is acting on the landlord's behalf (otherwise they absolutely have no right to enter). The fact is that a landlord's right (and by extension their agent's right) to enter a rental property is often a source of conflict. Many landlords believe that because they own a property, they have a right to enter at any time they please. On the other hand, a tenant may believe that they have no obligation to permit a landlord to enter the premises. The fact is that most states and localities have laws that specifically define a landlord's "right of entry" into a rental unit.

That having been said, as a general rule, most leases give a tenant the right to the exclusive use of the lease premises unless it otherwise allows the landlord a specific right of entry. Absent that, a landlord typically can only enter a property if it is necessary to cure a dangerous condition, prevent destruction of property, or respond to an emergency on the premises. Generally there is no legal requirement that a landlord notify a tenant prior to making entry under the above circumstances.

In non-emergency type situations, if the lease does not state that the landlord can enter the apartment or there is no specific statute addressing this, a tenant could legally refuse them access. However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable accommodation. Such an accommodation might be for the landlord to provide advance notice, such as 24 hours before entry. Again, state/local statute may provide for this.

At this point, you can check on applicable notice requirements in your area with a tenant's rights organization in with an attorney who specializes in landord-tenant cases.

 


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