Right to Privacy vs. Rights of Landlord

Your home is supposed to be your castle, a private, secluded sanctuary free from uninvited intrusions, but what about your apartment? If you rent an apartment, or even a house, do you have a right to privacy, to be free from a nosy landlord who wants to drop by unannounced? The landlord may own the place--but you live there.

Or what if you happen to be a landlord; don’t you have some rights too? Such as the right to make sure your rental property is maintained in good condition--so you can fix a pipe in one apartment that is leaking into another, without having to fight for permission to enter, or the right to show your property to someone who is thinking of buying it?

As with so much of the often-disagreeable relations between landlords and tenants, a landlord’s right of entry is regulated by state law. It attempts to recognize both the tenant’s right of privacy--to be left alone--and the landlord’s legitimate needs and ownership interests.

The state Civil Code (Section 1954) says landlords may enter a dwelling unit only in certain specific instances, and even then a landlord cannot abuse the right of access or use it to harass a tenant.

And unless the entry involves an emergency, which threatens injury or property damage, such as a fire, the landlord is required to give reasonable notice of his intention to enter the premises. There is a legal presumption that 24 hours constitutes reasonable notice. Entry is only allowed during normal business hours, unless of course the tenant consents to a visit at some other time. Lease provisions that say a landlord can enter the premises without notice are simply unlawful and unenforceable.

Here are the circumstances under which entry is generally allowed:

--In the event of an emergency.

--To provide necessary or agreed-upon repairs, services, decorations or improvements.

--To show the unit to prospective purchasers, tenants or workers.

--When a tenant has abandoned the premises for good.

--Pursuant to court order.

--And perhaps the most obvious one, when a tenant says it is OK to come inside.

Let’s try to be reasonable here, and not paranoid or overly intrusive. If you think that your landlord is abusing these rights or if your tenant is being unreasonable, the first priority is to discuss the situation in person.

If talking doesn’t resolve anything, then try writing. Describe your complaints in a letter in simple, non-threatening language.

If you are still being mistreated, it’s time to do a little more research before you do anything drastic. Tenants should read “Tenants’ Rights,” by attorneys Myron Moskovitz and Ralph Warner. Landlords can check out “The Landlord’s Law Book,” written also by Warner and co-authored by David Brown. (This proves that a good lawyer is trained to represent either side in a controversy.)

Whether you happen to be a landlord or a tenant, you may wind up needing a lawyer. If your landlord continues to visit without warning or permission, you might contact the police. If the police are not responsive, you may have to hire an attorney to let the landlord know you mean business.

If your tenant refuses to give you reasonable access, as required by law, and if your lease specifically says the tenant is required to give you such access, you should retain a lawyer to commence eviction proceedings.

Of course, that means a new set of legal rules and proceedings.