What can I do about maintenance men entering my house without notice or my consent?

UPDATED: Jan 13, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do about maintenance men entering my house without notice or my consent?

I am a single mother and I currently live in low income housing. The maintenance men that work here all have keys to my house and randomly show up twice a month to change the filter for the heater, they quickly knock 3 times and if I haven’t gotten to the door by then, they use their key to enter. I complained to the manager and she told me they just call it a standing work order so they can enter at any time. They are breaking the lease I signed by doing this and I know what they’re doing is not legal but what can I do about it?

Asked on January 13, 2012 under Real Estate Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't matter what they call it--they can't do this.

They *can* come in twice a month, if that is a legitimate maintenance need of the unit or building, but they can't do it without notice. Unless it's an emergency (e.g. fire, significant leak, electric short, etc.), entry for maintenance, even regular or "standing" maintenance requires reasonable notice, which is usually taken to mean 24 hours written notice.

To enforce your rights, you'd have to take legal action, which, however, may not be worth doing--not only would you have the cost, but it would damage your relationship with your landlord.

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 lock Secured with SHA-256 Encryption