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 13 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.


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.

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