Landlord Notice to Enter Your Memphis Apartment
Sep 17th, 2007 by Memphis Apartments
If you are new to Memphis apartment living, one of the strangest experiences you will have is when you walk in your door and know someone has been inside while you were gone. This is inevitable if you live in an Memphis apartment. At first you are not sure what is happening. Then you look down in the doorway and see the notice from the landlord.
Your landlord cannot enter your Memphis apartment anytime he wants. You will hear horror stories of landlords who simply walk into Memphis apartments without notice and sometimes without knocking. Do not worry. This is not common practice. Most landlords know that kind of behavior is illegal.
Each state has laws that dictate how landlords can and cannot enter your Memphis apartment. Just because he owns the property does not mean he can come and go as he pleases. You have certain rights as a tenant. One of those rights is the right to privacy.
Your lease should spell out the circumstances in which your landlord can enter your Memphis apartment. It should be clear how much notice is required from the landlord before he enters your Memphis apartment. And it should indicate when notice is not required. This is usually in cases of emergency such as water overflows, busted pipes, or gas leaks.
Under no circumstances should your landlord enter your Memphis apartment without first knocking. If he has reason to believe you are home, he should wait until you open the door for him. Even if he knows you are not at home, he should be courteous and knock before entering. This at least announces his presence in your Memphis apartment.
If you need repairs done in your Memphis apartment but will not be home, your landlord will get permission from you to have maintenance workers enter your home in your absence. This can be written or verbal permission. Your landlord may require you to provide written permission as this protects him and his workers against false claims.
Even for routine maintenance such as changing furnace filters, you should receive an appointment letter from your landlord. The letter will indicate the day and time a worker will be at your Memphis apartment to change the filter. If you want to be present but are unable on the scheduled day, your landlord might allow you to reschedule.
You cannot prevent the landlord or his workers from entering your Memphis apartment with proper notice, especially as it pertains to routine maintenance. Your landlord has every right, and even responsibility, to maintain the condition of his Memphis apartments. Your lease probably outlines the measures your landlord can take if you prevent entrance into your Memphis apartment up to and including eviction.
If you have reasons to prevent your landlord from entering your Memphis apartment, you should document those reasons and consult with an attorney. Request that your landlord make appointments to enter your Memphis apartment and have someone with you at all times when he is present. Your next step is obviously to find another appointment. You cannot live in an Memphis apartment when you do not trust the landlord or his workers. If you feel your privacy is being violated, ask your attorney about any protective measures you can take.
Never sign a lease that gives a landlord permission to enter your Memphis apartment with or without notice. This can encourage intentional or unintentional harassing behavior on the part of your landlord or his workers. It is your responsibility to know the laws in your state and fully understand the lease as written before signing it. Most landlords follow the letter of the law. They respect your privacy and give you sufficient notice before entering your Memphis apartment, whether you are present or not.