Estate and mortgageWhat Is A Tenant"s Right to Privacy?
A Tenant"s Right to Privacy
A tenant arrives home from work one evening to discover that her notice for lease expiration has been placed not on her door or even underneath
her doormat, but rather on her kitchen table. Did
her landlord violate the tenant"s right to privacy by entering her home without her permission?
A landlord"s right to enter a tenant"s apartment is a hotly debated topic. There are huge disputes regarding what"s allowed and what isn"t. And rather than a general set of nationwide standards, the answer is likely to reflect local laws and traditions.
To start it"s plain both that tenants have a right to privacy and also that landlords have a right in certain circumstances to enter a property. Where matters become jumbled is when the rights of both parties clash.
For instance, it"s generally understood that a landlord should not enter a property without adequate notice -- perhaps 24 hours in most cases, but not always. But the need to provide notice typically ends in the case of emergency -- fire, smoke, flooding, etc.
With notice, owners usually have a right to enter a property to do maintenance and to show the property to prospective tenants and buyers.
Where matters get sticky is when notice is given and tenants object to opening their homes. Another problem arises when tenants actively thwart the efforts of a landlord to carry out maintenance or to show the property. In one case, a tenant always cooked fish and never cleaned up when an owner wanted to have possible new tenants see the property.
A related issue concerns tenants who want to change the locks to their units for reasons of privacy. This sounds reasonable, but what happens if there"s a fire or flood?
The rules around the country vary, so what is true in one place may not be accurate elsewhere. As examples, consider these comments from three local communities:
The Boulder model lease, according to the University of Colorado at Boulder, "spells out terms for entry by the landlord: Resident shall permit owner/agent to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice only if owner/agent reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been abandoned. If your lease allows the landlord to enter your home, try to include a requirement for the landlord to give reasonable notice prior to entry and that such visitations be at reasonable times.
"The Boulder Housing Code," says the school, "requires that entry be permitted for reasonable inspections and repairs related to the Housing Code."
In the state of Washington, says the state Attorney General"s office, "The landlord must give the tenant at least a two-day notice of his intent to enter at reasonable times. However, the law says that tenants must not unreasonably refuse to allow the landlord to enter the rental where the landlord has given at least one-day"s notice of intent to enter at a specified time to show the dwelling to prospective or actual purchasers or tenants.
"Any provision in a rental agreement which allows the landlord to enter without such notice is not valid under the law.
"The law says that tenants shall not unreasonably refuse the landlord access to repair, improve, or service the dwelling.
"In case of an emergency, or if the property has been abandoned, the landlord can enter without notice."
*In Ohio, says the Cleveland Tenants Organization, "A landlord may enter a tenant"s unit only after giving a 24-hour notice, except in case of emergency. Landlords may not enter at an unreasonable time or in an unreasonable manner. Landlords may not make repeated requests for entry that have the effect of harassment. Tenants may seek injunctive relief from the courts when landlords abuse their right of access. Nothing in the Ohio Landlord Tenant Law prohibits a tenant from installing her/his own locks on the rental premises, although this may be prohibited by the lease. A tenant has the duty under the Law to not unreasonably restrict the landlord"s right of access."
For tenants, the best strategy is to use common sense, have a reasoned agreement with landlords spelled out in the lease, and know the local rules. In most cases, community housing agencies can describe general policies and regulations.
For more articles by Courtney Ronan, please press here.