Real Estate Newsletter

• How Antitrust Laws Affect Real Estate Brokers
  The federal Sherman Antitrust Act prohibits any combination, contract or conspiracy in restraint of trade, violations of which are subject to civil and criminal sanctions. The Sherman Antitrust Act became law in 1890. However,... Read more.
• Responsibility for Injuries Resulting From Slips and Falls
  There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The... Read more.
• ILSFDA Protects Individuals from Land Sale Scams
  Prompted by an increase in land sale scams in the 1960’s, Congress passed the Interstate Land Sales Full Disclosure Act (ILSFDA) in 1968. Administered by the Federal Department of Housing and Urban Development (HUD), the ILSFDA... Read more.
• The Scope of the Homestead Exemption
  In states that provide a homestead exemption for debtors who have filed or are contemplating filing for bankruptcy, a debtor’s personal residence will be shielded to some extent from the reach of creditors seeking payment, to... Read more.

• James Woods sued to stop construction next to his R.I. lake house. A judge ruled against him.
• California Couple Who Received Higher Home Appraisal After ‘Whitewashing’ Their Home Wins Settlement
• ‘Fix zoning, fix the housing crisis,’ economists say in new poll
• Land owners file lawsuit in Lac du Flambeau right-of-way dispute
• Council urged to rethink zoning change for drive-thrus

A Landlord’s Right of Entry and Protecting the Privacy of Tenants

A landlord’s right of entry into the dwelling unit of a tenant is usually based on state and local landlord-tenant laws, which can vary significantly. As such, the specifics of when a landlord may lawfully enter a rented dwelling are typically governed by the terms of the lease or rental agreement.

In most instances, a landlord may only enter the dwelling unit of a tenant without advance notice in a true emergency (e.g., in the event of a fire, gas or water leak). In fact, most states require landlords to provide a tenant with notice before entering the premises (usually 24 or 48 hours advance notice), unless the tenant has given the landlord permission to enter or has abandoned the property.

Landlord’s Right of Entry After Advance Notice

Depending on the laws of the state, a landlord typically has the right to enter a rented dwelling with advance notice in the following situations:

• Necessary Repairs – includes the landlord’s right to inspect the property to assess the need for repairs, to make any needed repairs, and to perform required maintenance
• Showing the Property – includes showing the unit to prospective new tenants or purchasers
• Court Order – landlord may enter pursuant to a court order, as long as there has been a hearing to determine legal necessity and the tenant was given advance notice of the hearing

In most cases where a landlord may lawfully enter a tenant’s dwelling unit with notice, states require the landlord to enter at a reasonable time. In California, for example, landlords may only enter during normal business hours. Furthermore, while an emergency is usually the only justification for forced entry, many states allow a landlord to forcibly enter the dwelling unit of a tenant who has repeatedly denied the landlord reasonable access, as long as the landlord does so in a peaceful manner.

Tenant’s Rights of Privacy and “Quiet Enjoyment”

Laws in many states guarantee a tenant’s right to privacy against landlord intrusions. In accordance with the tenant’s right to privacy, no state allows a landlord to enter a rented dwelling for the sole purpose of “checking up” on a tenant.

In addition, a tenant has an implied right to the “quiet enjoyment” of a leased premises. Among other guarantees, the covenant of quiet enjoyment prohibits a landlord from interfering with a tenant’s peace of mind by entering the tenant’s dwelling unit without permission or contrary to the terms of the rental agreement.

Constructive Eviction

If a landlord has repeatedly violated a tenant’s privacy rights or implied right to quiet enjoyment (to the point of harassment), then the tenant might be able to move out and break the rental agreement under the concept of “constructive eviction.” Constructive eviction occurs when a landlord has effectively made a tenant’s dwelling unit uninhabitable, by acting or failing to act in a way that prevents the tenant from the full use and possession of the rental property. Repeatedly entering a tenant’s dwelling unit without permission, in violation of the tenant’s rights to privacy and quiet enjoyment, is one way a landlord might constructively evict a tenant.

In such cases, a tenant is relieved from the obligation to pay rent or otherwise fulfill the terms of the rental agreement. To claim constructive eviction, a tenant must typically give written notice to the landlord, and allow for a reasonable period of time for the landlord to cure the defects.

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