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Quiet Enjoyment

Category: Tenant Rights & Laws Published: Sunday, 21 September 2014 Written by ATA Admin

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Quiet Enjoyment:

Quiet enjoyment is the right to peaceful possession of the property you leased. Generally, a landlord cannot interfere with your possession and use of the property by harassing you in person or by telephone or by entering or allowing others to enter your apartment without reasonable notice and for legitimate purpose such as repairs, emergencies, or showing the apartment to prospective tenants. In addition, a landlord cannot withhold utilities or deny access by changing the locks. If a landlord does these things, you should advise him or her of your concerns in writing and in person. If the condition continues, you may complain to governmental authorities or seek court action to prohibit the action or to terminate the lease agreement.

When Can My Landlord Enter My Apartment?

As a tenant, you are entitled to the peaceful use and quiet enjoyment of the property you are renting. This means that unless your lease says otherwise or there is a serious emergency, your landlord should not come onto the property without your permission. Since your landlord owns the building in which you live, he is entitled to have keys to your apartment. However, this does not mean that the landlord can enter the apartment whenever he wants. The lease may have a term allowing for entry into the apartment by the owner to make repairs, perform inspections, or show the property to buyers, or prospective tenants when the lease has been terminated. Generally, if the landlord needs to make repairs, he should give you at least 24 hours notice to do so. If you want to be home when he is there, you may need to rearrange your schedule. If you don’t care if you are home or not, you can give him permission to enter.

If there is an emergency situation (water leaking, pipes bursting, etc.) and your landlord can’t reach you, then he has the right to enter to deal with the situation. He should leave a note so you know someone was there, but that doesn’t always happen. If you have reason to believe the landlord was in your apartment, then you should call and ask him to explain why he was there.

If there are no repairs to be made and the situation is not an emergency, then the landlord should not enter your apartment without prior agreement. If your landlord comes to your apartment often and wants to enter for no reason, you may have to write the landlord directly or get advice from an attorney.

 

 

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