Join Date: Nov 2004
Location: Ur Moms House
Location: Ur Moms House
Sportbike: I ride Ur Mom
Years Riding: As long as Ive known Ur Mom
How you found us: u found me
None. In absence of statute, following recommendations are made on basis of common sense and good manners.
Entry without consent
Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.
May enter without notice provided notice impractical.
Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.
Days and times
Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.
Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;
Remedy on refusal
Entry in the absence of a statutory procedure.
A landlord has no inherent right to enter his tenantís dwelling unit. The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant. This right of occupancy is what the tenant pays for when he pays his rent. In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.
In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy. Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.
For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows. 1. Enter as infrequently as possible. 2. Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant. 3. Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.
A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence. Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on. The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.
"When in doubt, use full throttle. It may not improve your situation, but it will end the suspense."