Hoffman, NJ asked in Real Estate Law and Landlord - Tenant for New Jersey

Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that is was fixed. Someone entered our apartment without our knowledge or consent, and fixed it while no one was here, no call asking for permission, no communicating about it being done. I dont know if anything is missing, I don't know if there are now hidden cameras, i do not feel safe knowing someone can enter just because they want to, for any number of reasons, I don't feel this is okay.

1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency would be a water or gas leak, or the smell of smoke, and the like. Fixing a floor should not be considered an emergency.

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