Apartment and Rental Properties - Landlord wants visits without notice

My daughter told me that she just signed a lease on a house where she is attending college. In the lease, it stipulates that the landlord can come over at any time without notice and inspect the property. Since signing the lease, she has expressed her concern and regret about signing that potentially abusive lease. She signed the lease earlier today and at this point would like to get out of the lease immediately.
Looking to provide good fatherly advice --- please advise.

hanbar

I think that's probably pretty standard.

When I rented a house it had that stipulation on there as well. I had a hard enough time getting him to come out when there was something wrong that I know he never visited unannounced. In fact, when I was moving out, I found out he didn't even have a key other than the one I had.

Probably depends on the landlord, but I personally wouldn't worry about it. Talk to the landlord and see what he says about it.

Notice requirements are very state specific.

Some states do not require notice while many others require 24 or more hours. Some states allow a tenant to restrict access to the LL at all unless there is justification.

Name the state.

Oh, and many states do not allow an illegal clause to be enforced in a lease. It does not give justification for breaking the lease, merely the LL cannot enforce that clause. (usually)

varies by state , when we lived in California and where renting the building was sold to a ahole who wanted that , I had changed the locks and he was demanding a key .

at that time in calif I was advised to send him a registered letter agreeing to pay for any damage encored in breaking in in the event of a verifiable emergency

I also recall being told at that time that "you cant sign your rights away"

you need some "renters rights " legal advise particular to your state , check with the collage they may have a office to help students in these matters

The clause is pretty standard. Now, here is why. Lets say that the water heater went out, and your daughter told the landlord. Now the landlord comes and your daughter is gone to school classes, so he does not replace the water heater. So now your daughter is mad because the water heater is not fixed. No hot bath. With this clause, if your daughter is gone, he can come in and replace the water heater. Now you have hot water and a happy daughter. This is just one of many items such as plumbing problems, electrical problems, etc. I think your daughter may be over reacting. Tell her to enjoy her new apartment and study hard so she will make alot of money and support dear old Dad.

actually Mango, in most states (if not all) the LL is entitled to have a key to the premises and should a tenant change the locks and fail to provide LL with a key, the LL can hire a locksmith, change the locks, keep a key and give one to the tenant and charge the tenant for all of the expenses.

The tenant does not get to make the rules.

You must always remember, the LL owns (or represents the owner) of the property and have an interest in the well being of the property a renter never will have.

here is the california statute addressing landlord access to a rental unit:

1954. (a) A landlord may enter the dwelling unit only in the
following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may not be made during other than
normal business hours unless the tenant consents to an entry during
other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to
harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during
normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be
personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be
presumed to be reasonable notice in absence of evidence to the
contrary. The notice may be mailed to the tenant. Mailing of the
notice at least six days prior to an intended entry is presumed
reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry,
the landlord or agent shall leave written evidence of the entry
inside the unit.
(3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be
within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time
of entry.
(3) After the tenant has abandoned or surrendered the unit.

Normal business hours have been deemed to mean between 8 and 5 and reasonable notice has been determined to be at least 24 hours.

As I posted prior, each state has its own statutes and generalizations are meaningless when it comes to who can do what when. They do not hold water when you go to court.

Now I can find you a states statutes that do not allow a LL to enter at all except for emergency situations and I can find a state statutes that allow a LL to enter anytime with absolutely no restriction or requirements as to notice. You can take your pick but until hanbar tells us what state the house is in, they are all meaningless concerning hanbars situation.

well nap , I'm reporting legal advice given to me 25 years ago in calif (law may have changed ), anyplace Ive ever rented Ive change the locks first week and have NEVER provided the landlord with a key

in the case I mentioned above the landlord backed down and he was never provided a key until we moved out and I replaced it with the original lockset

theres a reason for lawyers rather than some body in mich goggling calif law and making a call

your right the tenant doesn't get to make the rules , but neither does the landlord when it comes to legalities. both side need to play by state law ;)

and no matter what the landlord has the tenant sign the tenants rights remain in place and cant be signed away

the fact the LL backed down does not make it law. it means you had a wimp for a LL. A LL has always had a right to enter a residence for certain reasons and is entitled to a key.

I can promise you if you were a tenant of mine, I would evict you for what you do, and within the laws.



I will not continue an argument over this. It offers the OP nothing and without the involved state, nobody here can come close to providing hanbar any real direction that means squat. Each state has different statutes and as I posted prior, the statutes run the gamut as far as what rights are afforded a tenant and what limitations there are upon a tenant.

If hanbar wishes to additioanal advice, the germane state would be the next step.

btw hanbar; if she already signed the lease, she is now bound by the lease. You have posted nothing that would allow her to break the lease as of yet.

lease, it stipulates that the landlord can come over at any time without notice and inspect the property.

as the others have stated. It depends on the LL /tenant laws of the state you are in. I'm CA LL.

If the lease or month to month rental agreement have a clause such as this. It will not be up held in court if it goes to that degree. As in CA, that clause is not legal. CA it is 24 hour written notice state, of entering the dwelling for reasons of repair, inspection, showing the dwelling to applicants or buyers. Some states require longer notice of Intention to Enter the dwelling. Some states are shorter. It depends.

In an emergency the LL has the right to enter the dwelling. Emergency would be things like, a broken pipe causing flooding of the dwelling. A fire, that sort of thing.

In every state I have read the laws about keys. The LL has the right to always have a key to the dwelling. Yes the LL can hire a lock smith and bill the tenant if the tenant has changed the locks on the LL illegally. This is standard language in most rental agreements.

In hiring that lock smith the LL would usually have the dwelling Re-keyed. The tenant would then be given a copy of the new keys.

There are many reasons that the owner of the dwelling or their agent needs valid keys. One that comes to mind is that a Police officer will ask the LL for the key to a dwelling if they have been called to do a Health and saftey check on the tenant. I have had that happen to me.

I was NOT the one who called the police either. The police telephoned me and gave me a choice, either come to the property and provide them with a key at 3am, or they would break down the entry door.

I was there in 10mins from a dead sleep. LOL You bet!