Can my landlord’s friend enter my house without notice?

UPDATED: Jun 23, 2012

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Can my landlord’s friend enter my house without notice?

Asked on June 23, 2012 under Real Estate Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I will assume here that this friend is acting on the landlord's behalf (otherwise they absolutely have no right to enter). The fact is that a landlord's right (and by extension their agent's right) to enter a rental property is often a source of conflict. Many landlords believe that because they own a property, they have a right to enter at any time they please. On the other hand, a tenant may believe that they have no obligation to permit a landlord to enter the premises. The fact is that most states and localities have laws that specifically define a landlord's "right of entry" into a rental unit.

That having been said, as a general rule, most leases give a tenant the right to the exclusive use of the lease premises unless it otherwise allows the landlord a specific right of entry. Absent that, a landlord typically can only enter a property if it is necessary to cure a dangerous condition, prevent destruction of property, or respond to an emergency on the premises. Generally there is no legal requirement that a landlord notify a tenant prior to making entry under the above circumstances.

In non-emergency type situations, if the lease does not state that the landlord can enter the apartment or there is no specific statute addressing this, a tenant could legally refuse them access. However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable accommodation. Such an accommodation might be for the landlord to provide advance notice, such as 24 hours before entry. Again, state/local statute may provide for this.

At this point, you can check on applicable notice requirements in your area with a tenant's rights organization in with an attorney who specializes in landord-tenant cases.


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 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.

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