Does the landlord have the right to enter a tenants apartment without prior consent?

UPDATED: Sep 6, 2011

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Does the landlord have the right to enter a tenants apartment without prior consent?

Asked on September 6, 2011 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country there are statutes allowing a landlord to enter a rented unit upon reasonable notice to the tenant, or without notice in an emergency situation. Reasonable notice is typically twenty-four (24) hours minimum. Such notice requirements apply regardless whether or not a tenant gives prior consent.

Reasons for the statutory access pertain to many things such as abilty to make repairs, ability to do maintenance, desire to show the property for resale or to rent.

Typical notice for access is done via a telephone call and confirmed through an e mail or a letter sent by the landord to the tenant. The refusal of a tenant to allow reasonable access to the landlord after proper notice has been given could be deemed as a basis for terminating the lease by the landlord.

Good luck.


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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