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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
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Experience:  Attorney
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How often is reasonable for a landlord to check a property's

Customer Question

How often is reasonable for a landlord to check a property's well being while rented ?
Submitted: 2 months ago via Cornell Legal Info Institute.
Category: Landlord-Tenant
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

What state is this in, please?

Customer: replied 2 months ago.
Ohio
Customer: replied 2 months ago.
I understand that they can enter for emergency purposes whenever and I understand that within 24 hours notice they can enter however how much is reasonable and at what point in time can I exercise my right to privacy
Customer: replied 2 months ago.
This is specifically to enter for no other reason then to check the well-being of the property
Expert:  Ely replied 2 months ago.

Thank you. Ohio does not have a "time window" from check to check for landlord. So absent that, we fall unto common law, which states that the landlord HAS NO RIGHT to come in to do an inspection, unless the contract allows it.

Assuming the contract is silent, the landlord cannot come in without the tenant's permission. Period.

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Customer: replied 2 months ago.
Now what would the recourse be if they insist on coming in and come anyways?
Or how can I politely tell them no?
Expert:  Ely replied 2 months ago.

Yes. And if they insist and/or become argumentative/threatening, you can get a restraining order against them from doing so. It is that simple.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 2 months ago.
You are doing excellent yes. But how would the lease work if I did ? Could they attempt to evict?
Could we sue civilly for finances to relocate after an entry ?
Customer: replied 2 months ago.
In the lease it says owner may make reasonable inspections. What would this include and what is reasonable because it isn't specified what reasonable means.
Expert:  Ely replied 2 months ago.
My apologies as I was offline.
But how would the lease work if I did ? Could they attempt to evict?
No. They cannot evict you unless you actually do something wrong or do not pay rent. However, they may choose not to renew the lease when the time is up, and there is nothing to be done to stop them if that is what they choose.
Could we sue civilly for finances to relocate after an entry ?
POSSIBLY. If you choose to go this route, you'd have to leave, but then GO TO COURT to seek the difference for having to relocate to another property and moving expenses, under CONSTRUCTIVE EVICTION (when a landlord is so bothersome that a reasonable person would have to leave). It would be up to you to prove that he was unreasonably annoying/harassing.
In the lease it says owner may make reasonable inspections. What would this include and what is reasonable because it isn't specified what reasonable means.
Without specification, it would be up to the Court to decide on a case by case basis, but common law holds that once a month is deemed reasonable and that is the what the Court will likely consider reasonable, although every situation is different.
Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"