Can a landlord enter my apartment without prior notice?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord enter my apartment without prior notice?

We had scheduled and notified of maintenance due, about a week and a half ago. The crew was a no show and so we figured that was the end of it for now. I came home in the middle of the afternoon for lunch and there were people walking in and out of my apartment, leaving the doors wide open with hoses hanging out of our windows and front door. They were doing the previous no show attic repairs. This absolutely blew my mind, that the complex has the gall to let themselves in. Anyone could have taken our valuables without second thought. Am I within legal limits to sue for this?

Asked on December 21, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A landlord can enter your rental without prior notice. The issue is whether or not this is allowable under your state's statute on the subject. Typically a landlord is required to give his or her tenant reasonable notice of the desire to enter a rental. Custom and practice is that 24 hours is deemed reasonable notice.

The only exception for when notice is not required by a landlord to enter a rental to the tenant is in an emergency situation. From what you have written, you were required to receive notice from the landlord about the entry into the rental.

The problem that you have concerning a lawsuit is that you have not been legally damaged. No items were taken or damaged. I would write the landlord about your displeasure over what happened keeping a copy of the letter for future reference and need.


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