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Is it legal for the landlord to enter my apartment without notice?
I live in Florida, and my landlord just tried to enter my apartment without any notice of her coming. I was sleeping, so I didn't wake up until she couldn't get in with her key (the key didn't work but she tried it).
18 Answers
- WismomLv 41 decade ago
Well , Yes and No...
Any Landlord in Any state can enter a propey without giving notice in the case of an emergency.. so busted pipes, fire. or anything else that it could be deemed that if they did not enter would cause more damage...
Having said that.. that is the ONLY time they can do that..
Otherwise proper notice must be given and the time must be reasonable... SO if you are a 3rd shift worker 10am may not be reasonable.. You also have the right to be there when they come in, and to a minimal disruption...
So basically if your landlord begins to inspect the Apt every week you could file against him because he is harrassing you without cause.
Each state has its own guidlines for how before entrancec a notice needs to be given.. Many is 24 hours.. but some are only 12.
Read your lease, or get a copy of it if you dont have one... because if you signed a lease saying they can enter then your waived your right to the stateguidline to a point.
Your lease will say what the timeline is.
Meanwhile .. Id ask your landlord what was going on, and express your concern... Maybe they have done this when you were not home?
Why didnt the key work??? If you changed locks without tellig them or providing them a key you can be in trouble.
If you are concerned they are entering without permission... you can change locks.. but its illegal to do so.
You can also booby trap your door.. put a small piece of paper in the door when you shut it that only you know its there and see if its still there when you get home.. or buy a alarm.. you can get a pack of 4 small battery operated alarms at Home Deopt for like 5.00 they work on a magnet and one side sticks to the door and the other to the frame.. whent he door is opened it goes off loudly... to turn it off you shut the door or hit the button.. it wont prevent them from coming in but will alert everyone to it and surely startle them!
Good Luck.. and frankly if you have a landlord you cant trust ..Id move
If they enter or try to enter without following what your lease says... then they are in breech of the lease and YOU can ask to be let out of the lease and move.
Wismom
Source(s): Experience,,, Many BAD landlords over the years! - 1 decade ago
NO. In the state of california the landlord must give a 48 hr notice to enter. Unless she/he feels that there is a life threating situation such as a fire or a earthquake.( to check gas lines and such)
I would let her know that you were home at the time and what did she need from your appartment. If you are not happy with her answer, I would inform the management company or owner. That she is attempting to enter your unit without permission. However you do need to check with your state in regards to the laws there. Contact the fair housing department.
If possible you should try to get this on video tape,from the inside of your appartment. This way you are sure when she comes in and have the doctumentation to prove so.
Source(s): 10 yrs experience. - PALADINLv 41 decade ago
The Florida Statue states:
83.53 Landlord's access to dwelling unit.--
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
- Interested DudeLv 71 decade ago
Under Florida law, the landlord must give you 12 hours notice and enter between the hours of 7:30 a.m. and 8:00 p.m.
- kim_in_craigLv 71 decade ago
There is a few reasons a landlord can enter your property legally. If your landlord suspects something illegal going on in an apartment, they have the right to investigate. Also if something causes damage, like a busted pipe. They have the right to come in to turn off the water and check out your place for damages.
- 1 decade ago
No- the landlord is not allowed to enter your rented premises unless in the case of an emergency OR if you have a different type of tenancy agreement i.e that of one where the landlord as rented you the premises under the understanding that he/she has total reasonable access to the property (cant remember the legal term.)
if yopu rented via an agent then you must complain to them first and make sure you have it in writing - it will help your case
- Anonymous1 decade ago
A landlord cannot enter an apartment they own that is currently being rented without the permission of the current tenant. This is trespassing.
- LadyDeathStrykeLv 41 decade ago
Illegal. She has to give you notice. Our apartment had a policy to give 48 hours notice, but I think they can get away with 24 hours. You should tell her that it's illegal and she can't do it again or you'll have to contact the authorities. What was her excuse for entering unlawfully? It sounds shady, like she wanted to look through your things or steal something.
- 1 decade ago
She doesn't have the right to enter without your permission. Look up on google for tenent rights and see what you can find. I lived in Florida 12 yrs and I believe its illegal. Check into it. Good luck.
- 1 decade ago
Usually, unless you have an agreement stating otherwise, they have to give you 24 hours notice unless it is an emergency.