If my landlord’s furnace is located in my basement, can my they force me to keep my basement door unlocked so they can have unlimited access?

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If my landlord’s furnace is located in my basement, can my they force me to keep my basement door unlocked so they can have unlimited access?

Asked on October 26, 2012 under Real Estate Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many states have a notice requirement which requires a landlord to give advance notice before entering the tenant's rental.  In many states, the required notice is 24 hours.  The only exception allowing the landlord to enter without notice is an emergency.

Unfortunately, PA does NOT have a notice statute.  Although PA does not have a notice requirement, you can argue that in a non-emergency, the landlord should provide you with reasonable notice prior to entering your rental and that entry should be at a reasonable time such as only during normal business hours.  The landlord cannot have unlimited access to your rental and force you to keep the door unlocked because that would constitute a breach of the covenant of quiet enjoyment.  The covenant of quiet enjoyment means that a tenant cannot be disturbed in his/her use and enjoyment of the premises.


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