If I own a 2 chair salon, do I have to allow the renter 24/7 access?

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If I own a 2 chair salon, do I have to allow the renter 24/7 access?

Asked on February 8, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You owe the renter whatever access you and (s)he agreed to in the lease, whether written or oral.

If the lease is silent as to the hours of access, courts would--if the matter came to litigation--likely rule that the tenant does have 24/7 access. The norm, when someone rents, is that (s)he can access the premises at will. Therefore, if there is no guidance in the lease/agreement between you and the renter, a court would typically fall back on the normal rule.

Therefore, if there is nothing in the lease about access, you would seem to have to provide 24/7 access. If you do not want to, then when a written lease renews--or if the lease is oral, on 30 days notice--change the terms to limit access to the hours you want.


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