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Can a landlord give police access and permission to search a property without the tenant's knowledge or consent?
In the United States. I have hidden camera footage of my landlord bringing a police officer into my apartment and going through some of my belongings. When questioned I didn't tell him I had it on camera, just that somebody had seen them and told me (which was also true) the landlord denied it.
18 Answers
- JudithLv 74 years ago
A landlord should not be admitting police to your apartment if they don't have a warrant. However, if the landlord does without a search warrant nothing the police find can be used against you in a court of law. The fact that the landlord let them in is on the landlord; not the police. I can understand a landlord letting the police into an apartment if it is feared something has happened to the tenant who is in the apartment but landlords should not let police into a person's apartment just to snoop around.
- Nuff SedLv 74 years ago
Landlord has no legal right to enter your home or to allow anyone else to enter your home without proper consent or prior notice or a lawfully issued warrant, absent "exigent circumstances". You could sue the landlord, if not also the police, for violating your rights.
There are also nice questions of law about whether the landlord has the legal power to open the rented premises when presented with a search warrant, where the landlord himself lacks the legal right to enter for any purpose other than as specifically provided by state laws, which vary.
- Anonymous4 years ago
People watch way too much TV
If the Landlord OWNS the property, then yes, he/she can grant the Police access if you are not there...
They probably are not coming in to admire what you've done with the place!
- loanmasteroneLv 74 years ago
Normally no one is allowed to enter your rental unit, this include the police. In order for the police to enter a person's place of residence, even it they are under suspicion of a crime or a suspect in a crime, the police would be required to possess a search warrant signed by a judge to enter your rental unit.
Your apartment is not able to be searched without a search warrant signed by a judge. Amy other search is illegal. Even if there is evidence in plain sight, the police is not able to enter your apartment to retrieve this evidence without a search warrant. The police might stand guard over the evidence they see to make sure no one tamper with or remove it, however. without a warrant the police is not able to enter your apartment.
Your landlord is not able to enter your rental unit for any reason without giving you notice. The only reason your landlord is able to enter your rental unit without giving you notice would be under an emergency situation.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
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- ?Lv 54 years ago
Yes, but they have to notify you, like AlphaBeta said. Either by search warrant, or what's in the lease, usually they have to give 24 hours notice to enter the property.
- babyboomer1001Lv 74 years ago
Yes, the landlord can do that and he does not have to tell you about it. In fact, since the police have determined you are suspected of something, the landlord knows better than to tell you about it.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - Donald BLv 74 years ago
If the police had probable cause then it is legal. Probable cause is when there is a reason to suspect that a crime has been committed. The landlord should not have denied it however.
- troLv 74 years ago
the police would HAVE to have a court order signed by a judge to be able to do that
the landlord obviously let it be known your apt was theirs to allow them to enter your premises
actually it is his but you have a signed lease which makes it yours for the period you pay rent and access by him HAS to be 24 hr prior notice without being an emergency
he might have indicated there was a dire emergency to get the police to enter without a court order
- MadManLv 74 years ago
If you rent a separate space then no, the landlord cannot give access to your living area. Only communal areas, if there are any.