What are a landlord’s right to enter a rental unit in a non-emergency situation?

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What are a landlord’s right to enter a rental unit in a non-emergency situation?

OS sec. 41-128 (c)(d) states tha,t a landlord must give at least 1 day’s notice to a tenant before entry; under no circumstances are they allowed to enter premises without consent of the tenant except in emergency purposes “unless it is impracticable to do so”. I don’t know what this means but while I was in class and my sister was still sleeping in the bedroom, these 2 people just opened the door and started to look around with notebooks. They practically scared my sister to death – she woke up with 2 strangers standing above her. What can I do about this?

Asked on January 7, 2011 under Real Estate Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds as if the landlord entered the apartment against your rights as a tenant.  The "unless it is impracticable to do so" means that the situation is subject to interpretation when there is an issue about it that is raised.  You have one of those situations.  The landlord violated your rights here, your right to "quiet enjoyment" of your apartment.  State law varies on what your remedy here can be.  In some states it can be an abatement of the rent and in other states you may have to sue for money damages.  But be careful because some states - like Ohio - call for termination of the lease as a remedy.  So seek legal help in your area on your options.  Good luck.


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