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Last page edit 12/17/07
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Working
For Justice In Housing LANDLORD’S
RIGHT
OF
ENTRY
VS.
TENANT’S
RIGHT
OF
PRIVACY Rented
property is no longer the exclusive domain of the landlord.
The landlord has given possession to the tenant for the duration of
the tenancy. The tenant has a
reasonable right of privacy; that is the landlord does not
have the right to enter the premises anytime and for any reason.
If the landlord insists on this he may be guilty of trespassing and
in violation of the covenant of quiet enjoyment. However,
while the landlord has a right of reasonable entry--to make
an inspection, to make repairs, to show the premises to a prospective new
tenant-- except in case of an emergency, landlords are advised to
notify the tenant and reach a mutually acceptable agreement
about the specific time of entry. Some
county/and municipal housing or livability codes provide that upon
receiving reasonable notice, tenants must give the owner or
operator access to the premises at reasonable times for making
inspections, repairs, alterations, etc., as needed to comply with the
provisions of the code. The
balance between tenants’ right to privacy and landlord’s right
of entry can usually be reached by a fair and reasonable agreement
between the tenant and landlord. This
is a situation more to be governed by courtesy and respect for the
rights of others than by the law. NOTE:
In Prince George’s County landlords are required to give tenants
24 hours written or oral notice of their intent to enter.
Entry is allowed only during normal business hours or at a time
that has been mutually agreed upon by both landlord and tenant. SOME
POINTS TO CONSIDER Tenants
should seek rentals that have leases giving them the right to be notified
before a landlord’s entry (except in an emergency) and if possible
restrict the right of the landlord or his agent to show the property while
the tenant lives in the property. Unless
there is an emergency or a surprise inspection necessary to uncover a
breach of lease, such as pets when the lease prohibits pets, the landlord
should always contact the tenant ahead of time.
The landlord should knock loudly and give time for the tenant to
answer. If no one appears to
be home, give a loud yell identifying yourself before entering. Landlords
can and should make needed repairs. Nevertheless,
the landlord cannot renovate the premises while the tenant is still there,
i.e., repaint the apartment for a new tenant before the old tenant has
moved out. If repairs are
being made, be sure that the tenant’s property is treated with respect,
that there is a proper clean up afterwards, and that the door is locked
when leaving. If
you want to sell the property, realize that the tenant is paying full rent
for privacy. People
wanting to inspect the property assume that appointments will be made with
the occupants. Above
all else, put yourself in the other person’s position.
Ask yourself how would you like to be treated if you were the
tenant or the landlord in this situation? Click here to see what Maryland law says about this issue Legally Reviewed - BNI. Last Update - March 2001
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