Doesmy landlord have to give 24 hour notice to come into my home?
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Doesmy landlord have to give 24 hour notice to come into my home?
Also, can the landlord enter my home, without notice, and without me being there?
Asked on September 25, 2010 under Real Estate Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
A landlord's right to enter their rental property can be, and is, a source of conflict with tenants. Many landlords may believe that because they own a property, that they have a right to enter it ant time they please. On the other hand, a tenant may believe that they have no obligation to permit a landlord to enter the property or that they have no choice but to tolerate a landlord's invasion of their privacy. Many states and localities have laws that define a landlord's "right of entry" into a rental unit.
In GA, a lease gives the tenant a right to the exclusive use of the lease premises. Unless the lease otherwise allows, the landlord can only enter the property, if such entry is necessary to cure a dangerous condition, prevent destruction or respond to a bona fide emergency on the premises. There is, however, no legal requirement that a landlord notify a tenant prior to making entry under the above circumstances. You should also check your lease to see if there are any provisions related to the landlord's right to show the apartment.
If the lease does not state that the landlord can enter the apartment, a tenant could legally refuse the landlord access. However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable accommodation. Notification requirements and entry provisions should be included in each lease. A reasonable accommodation might be for the landlord to provide advance notice, such as 24 hours before entry.
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