What if my landlord’s lease says he may enter my space without notification for household maintenance?
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What if my landlord’s lease says he may enter my space without notification for household maintenance?
I am renting from someone that has repeatedly entered my space without notification. Many weeks ago I verbally asked him to give me 24 hours notice before he enters the space. I am understanding, the furnace is in my basement apartment, if he simply sent me a text message I would be content with it. Also, his untrained and strong dog has barged into my room numerous times. I once returned home and found a urine stain in the carpet, and of course, the room smelled horribly. He was incapable of accepting responsibility. He says household maintenance gives him reason to enter without notice.
Asked on March 1, 2012 under Real Estate Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The notice requirement for a landlord to enter the tenant's apartment varies from state to state. It is usually 24 hours notice. If there is an emergency, no notice is required. In non-emergency situations, some states restrict the landlord's entry to normal business hours. The landlord's entry without notice in your apartment is illegal. Household maintenance does not give him the right to enter without notice. You could sue the landlord for breach of the covenant of quiet enjoyment which requires that the tenant not be disturbed in his/her use and enjoyment of the premises. The landlord and the dog barging into your apartment would constitute a breach of the covenant of quiet enjoyment.
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