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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Can a landlord enter a tenants room without tenants

Customer Question

can a landlord enter a tenants room without tenants permission
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 11 months ago.

Yes, a landlord retains a right of reasonable entry (even against the tenant's wishes).

This right of entry must be balanced against the tenant's "implied right of quiet enjoyment" (meaning the landlord cannot enter the unit in such a way that it harrasses the tenant, or disrupts their tenancy - so frequent and unnecessary entries will be a violation of this right - and a violation of the lease by the landlord).

Generally, if the landlord is entering without a valid reason, we expect a breach of the "implied right of quiet enjoyment", while if the landlord is entering with a valid reason (repairs, annual inspection of the premises for upkeep, etc. or to show the unit to prospective buyers or tenants), the landlord is going to be within their rights.

For a summary of the rules by state, see: http://www.landlord.com/landlord_right_of_entry_by_state.htm