Q: My landlords want to do an annual inspection of my 6 month old rental. Can they enter on a day I am not home?
My appt complex ownership recently changed. The notice provided says they will come next Thursday or Friday and won't accommodate special requests. I don't know any of the people that are doing the inspection and am not comfortable with not being present. I have only lived here 6 months so am not sure why they are doing an annual inspection when they did an inspection when the last tenant moved out. I honestly don't mind the inspection as much as not being present.
A: Well the good news is that they have no choice about accommodating "special requests". Yes, they can enter when you are not home as long as they have provided you with at least 24 hours advanced notice of their intent to do so. However, they do not get to dictate and a tenant is free to tell the landlord NO, do not enter then. A tenant cannot refuse to ever let the landlord enter and legally cannot refuse entry unreasonably. But the fact that you want to be home when they are there is likely to be considered reasonable by a Judge if it ever came to that. I recommend my tenant clients offer an alternative date/time when they refuse entry - "No, don't enter on Friday but Saturday between 2 and 4 p.m. works if you let me know". If you offer an alternative, the landlord will have a devil of a time convincing the Judge that your refusal to allow entry was unreasonable. So how do you legally refuse? Anyway that clearly conveys to the landlord (by text message or email only if your lease allows it), prior to his actual entry, that he is not to enter. It must be clear and unequivocal - not just that you would prefer he not enter or that it would be inconvenient for you if he did. No means no. You can tell him personally; by phone; left on a voice mail message; by fax; or by posting a notice not to enter on the main entrance to your dwelling before he arrives. Of course the landlord may be tempted to enter anyway, especially if you are not home. If you can prove both that you told him no, and he entered anyway, it should get you a month's rent for each such unlawful entry, plus your court costs and attorney's fees. If you happen to have access to a "Nanny Cam" or something similar, they tend to work great at catching misbehaving landlords. Or if you have an alternate exit, pile a stack of books or something by the main entrance door (take a picture for proof) such that opening the door has to push the books aside, and leave via an alternate exit. Check it when you get home - if they have moved, someone came in. If no other signs of burglary are present, the odds are a Judge will believe it was someone with a key - and that would most likely be the landlord. The key to proving it is to have documented everything as fully as you can at the time it occurs. Problems? See a local landlord-tenant attorney. Good luck.
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