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As a landlord, you are the owner of a rental building, but once the tenant forms has been agreed and the tenant starts to live on your apartment, you cannot just enter and invade their privacy. This is because of the tenant’s privacy rights. It is mandated by law so you cannot disregard it even if you are the rightful owner, although there are times, the law differ according to state. All landlords should observe the right to privacy if they are on the same building. There are sanctions that should be made in case this right to privacy has been overlooked by the landlord.
Although the landlord forms have been given, the landlord has the right to unlimited access inside his or her property, the owner of the property should give advance notice of his or her arrival. This is to inform the tenants to avoid future problems. The notice can be in written or verbal. You should inform your tenants of your visit as this is properly guided by the law.
All the issues about the tenant and the landlord’s right should all be agreed at the start of the transaction. All legal forms at the start of the transaction should be clear enough for both parties in order to prevent future misunderstanding. Actually there are three main reasons why owners may have a surprise visit. Here are they:
1. If there are emergency situations such as fire.
2. To do some maintenance around the area.
3. To show the unit to the possible buyer.
The reasonable notice of the owner’s arrival is very necessary for the tenant to evacuate the area if there will be a maintenance that needs to be done. This is also to prevent humiliating circumstances brought about by the surprised visit of the owner.
Although the notice has been sent to the tenant, you cannot enter the building anytime of the day, unless there are perils that need to be resolved immediately. The accessibility to enter the premises anytime you want will violate the right of the tenant for “quiet enjoyment” and the right for “full dominion over the property”.
All real estate owners who chose to lease their property will lose full access to it once the tenant occupies the property. Any business transactions such as leasing businesses, requires the owner to know and familiarize himself with the rights of their tenant before deciding to go for this kind of business.
If the property owners insist on entering the building with their own keys without sending notices to the tenant, the tenant can file a lawsuit against the owner. The tenant should ensure that there are damages made because of unlawful entry to pursuit the case. As business or landlord owner you should be equipped with the knowledge to know the right opportunity when you can handle your property at its best.
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