Forcible Entry into apartment

Get Legal Help Today

 Secured with SHA-256 Encryption

Forcible Entry into apartment

Hello, my name is Matthew. I wanted to know if it was legal for a landlord in NJ to enter my apartment through a window for an inspection for smoke detector while I was not home. I was not told about this until the night before and I was not in the state even at the time.

Asked on July 24, 2018 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is most likely not legal: a landlord is allowed to inspect the apartment (which, after all, is his property) to make sure it is good shape, is safe (e.g. has working fire alarms, etc.), but must provide at least 24 notice that he is doing so. If the landlord did not provide proper notice, he could not enter your unit unless you either 1) agreed to let him in, or 2) it was an emergency (i.e. to shut off a water or gas leak).
Note, however, that if the landlord had to enter the unit through the window because you have changed the locks on him or not provided him a key, etc., then you also violated your responsibilities or obligations: the property, as stated, belongs to the landlord, not you, and the landord must be able to get in for repairs, maintenance, or emergencies. You may not lock the lanldord out of his own unit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption