Understanding Tenants' Rights to Privacy

It is essential that every landlord and property manager understand a tenants right to privacy. There are specific guidelines and rules of when a landlord can enter a premise and breaking these rules can open a landlord up to legal action. According to FreeAdvice.com there are only a handful of situations where a landlord can enter a tenant’s home. These situations include:

  • If a tenant has given permission to a landlord to enter

  • If a landlord has given the tenant specific notice that he will enter for a specific valid reason

  • The landlord must give 24-48 hour notice

  • It must be during a reasonable time, usually between 8am-5pm

  • These rules vary by State

  • If a tenant has abandoned the rental property some states allow the landlord to enter without permission

Nolo.com has a complete easy to understand chart by state that specifies when a landlord can enter a rental property without permission.

If a landlord enters a rental property without following his or her state’s guidelines the tenant can take legal action against the landlord. After several unlawful entrances by a landlord, a tenant can potentially claim that their right of privacy and right of quiet and peaceful enjoyment of the property has been violated and can therefore move out without notice and potentially sue for damages.

In order to prevent liability a landlord should always make sure they follow their state’s tenant privacy laws. In addition, landlords should document exactly when and why they entered the rental property and make sure the reason is valid. Landlords should ensure that they use lease management software that can track and document this information in case the tenant decides to take unwarranted legal action. With RISSOFT management property software landlords can easily organized important documents related to specific apartments; protecting them from liability

This post is provided by RISSOFT Residential and Commercial Property Management Software, specializing in innovative and cutting-edge property management software for all 50 states. Request a demo or contact us today to receive more information.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.