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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have my property management company telling me that they

Customer Question

I have my property management company telling me that they can come into my property for inspections or maintenance any time they want. Unfortunately, my residence was burglarized (no forced entry), and I've requested through their "tenant portal" that they don't use their key to access the property unless I am there.
That same day and hours after I expressed this, the maintenance man came into my property without knocking or calling...
This has been reported to the police and the management company is telling me, "Bot***** *****ne is the: Your lease clearly states that we can access the property for maintenance and for inspections. Although we are not required, as a courtesy to you, we have agreed to work with you around being in the property whenever we need access. "
Is this true? Do I have any rights regarding when they enter?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

Unfortunately that is correct (I have the state where your rental unit listed as Colorado, if that is incorrect, please let me know as these rights change from one state to another).

Colorado does not have any statutory limitations on landlord's right to enter, and this is left up to the terms of your contract.

The landlord is not permitted unfettered (unlimited) access to the unit - they cannot enter without good reason to do so, or in such a way that creates an unlivable condition - this would be a violation of the tenant's "implied right of quiet enjoyment" - but if your landlord's maintenance worker is coming onto the property to perform reasonable repairs, this is going to be permissible conduct. (We usually see violations where the landlord, or their agent, is coming into the unit without any basis whatsoever - often to "check up" on the property on a regular basis, causing unnecessary disturbance to the tenant, with no connection to the ongoing maintenance of the building).

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