I gave my landlord notice of intent to move yesterday by certified mail & copy in with the rent. He just left a message with my Mom that he was coming this afternoon for an inspection and I'm not home. I left a message for him that this is not a good time and Monday when I'm home would be better. Does he have to give me some kind of notice before showing up? Thanks

If you told him its not a good time then legally he shouldn't be allowed to enter. Also relaying the message threw someone else isn't good, because that doesn't mean that you are going to get the message or that your land lord is going to get the message. Plus you need to give permission to enter.

Actually, most leases say that the landlord needs to give notice before they enter. Which he has. So he can inspect the place whether you are there or not.

"If you told him its not a good time then legally he shouldnt be allowed to enter. Also relaying the message threw someone else isnt good, because that doesnt mean that you are going to get the message or that your land lord is going to get the message. Plus you need to give permission to enter".

Not true. Most states require "reasonable" notice to enter... some states don't require notice at all. The tenant does NOT have to be present for the inspection and the landlord does NOT require permission from the tenant.

Hello R:

I disagree with the above. If the landlord could enter whenever he wants, why does he have to give notice??

The fact that he MUST give notice, means that you have the right to reasonably refuse. Even in those state where NO notice is required at all, I suggest that if you are having a birthday party at the time he wants to inspect, or if he just shows up and you are having a birthday party, in my view, you have the right to refuse entry.

The key is reasonable... The law can't cover every eventual circumstance. It asks what a "reasonable" person would do under the same circumstances. In my view, it's reasonable for you to refuse entry in you're otherwise engaged, and it's UN reasonable for him to demand entry WITHOUT notice, even in those states where no notice is required.

Therefore, in your particular case, having informed your landlord that the time he wants to enter isn't good for you, I don't think he can enter. If he does, I believe he's guilty of trespassing.

Of course, the cops don't always agree with me.

excon

If the lease just says "reasonable" then a few hours could be, some leases say 24 hours it has to be 24 hours, To be honest they are telling you WHEN they will do it, not asking permission. When I had mine, I gave them a days notice, if they tried to say it was not a good time, I said it was for me. I may not if they had a dinner party or something, but I really could care less if they did not like it or not. The law does not say the tenant has to like the time, only they be notified.

Hello again,

The Padre and I don't disagree. Certainly, it isn't reasonable for you to refuse entry because you don't like it. It IS reasonable for you to refuse entry if you're otherwise engaged.

However, because most landlords are like the Padre, I always make sure they DON'T have a key. Reasonable or not, I'm not going to give a stranger access to my house.

excon

Hello R:

I disagree with the above. If the landlord could enter whenever he wants, why does he have to give notice????

The fact that he MUST give notice, means that you have the right to reasonably refuse. Even in those state where NO notice is required at all, I suggest that if you are having a birthday party at the time he wants to inspect, or if he just shows up and you are having a birthday party, in my view, you have the right to refuse entry.

The key is reasonable..... The law can't cover every eventual circumstance. It asks what a "reasonable" person would do under the same circumstances. In my view, it's reasonable for you to refuse entry in you're otherwise engaged, and it's UN reasonable for him to demand entry WITHOUT notice, even in those states where no notice is required.

Therefore, in your particular case, having informed your landlord that the time he wants to enter isn't good for you, I don't think he can enter. If he does, I believe he's guilty of trespassing.

Of course, the cops don't always agree with me.

excon



I think it will all be in the interpretation of "reasonable." Monday, which is convenient for the tenant, may very well not be convenient for the landlord. I also wonder why the landlord called the mother and left a message. Perhaps the landlord does not have a current phone number for the tenant - ?

I don't go into a tenant's apartment without the tenant being present unless it's an emergency but I realize other landlords operate in other ways.

Hello again,

The Padre and I don't disagree. Certainly, it isn't reasonable for you to refuse entry because you don't like it. It IS reasonable for you to refuse entry if you're otherwise engaged.

However, because most landlords are like the Padre, I always make sure they DON'T have a key. Reasonable or not, I'm not going to give a stranger access to my house.

Well, the question is whether it's reasonable for a tenant to refuse entry because they aren't going to be there. I can see asking to reschedule if I have a party planned, but I'm not so sure if it's reasonable to say that I have to be there. After all, how does it inconvenience me to have someone in the house when I'm not there? I can lock up the valuables, or take them with me.

Also, all the leases I have ever had said that the landlord had the right to access the apartment in certain circumstances. Therefore, if you changed the locks, you had to provide the landlord with a key. Failure to do so would be considered breaching the contract, I would think, and thus potentially grounds for eviction.

Hello froggy:

What you say is true. However, if he ever tried the wrong key, it would be time to vacate anyway. I'm just funny about having someone in my house...

excon

Yes, of course my leases always say they have to provide a key, if I ever get to the home and the locks are changed, I punched them and changed them to a new key and left a note on the door that they had 24 hours to provide me a key or I would rekey and add the expense to their monthly bills.

Yes, of course my leases always say they have to provide a key, if I ever get to the home and the locks are changed, I punched them and changed them to a new key and left a note on the door that they had 24 hours to provide me a key or I would rekey and add the expense to their monthly bills.



I read this 3 times before I realized you punched the lock, not the tenant -

I read this 3 times before I realized you punched the lock, not the tenant -Hello Jude:

You crack me up... The Padre would NEVER punch out a tenant... Or, would he?

excon

Here... in extremely "tenant friendly" NY... landlord needs to notify tenants in a "timely manner"... timely is up for interpretation of the court. However, most landlords give between 12-24 hours notice. We do not need to have permission nor do the tenants need to be present. I make sure my leases gives tenants 24 hours notice as that is the max that is required. Maybe some states are different... but I can't imagine any another state being more strict in their laws that NYS.

Key Issue... my tenants are prohibited from having a key to the premises without me having a copy. Learned that one the hard way... with a fire, I (nor the fire dept.) could not gain access to the unit without breaking down the door. It turned out to be very costly to the tenant in the long run.