One issue that landlords and tenants sometimes run into is access to the property. It can often be a matter of perspective. A landlord may think that they are allowed to access the property at any time because they own it. Meanwhile, a tenant may think they should have an expectation of privacy because they are on the lease.
In a general sense, the tenant is correct. A landlord should never abuse their right to access the apartment, they should never harass the tenant and they do have to respect the tenant’s right to privacy. However, there are a few exceptions or situations in which landlords can enter an apartment or a home that is being leased.
In an emergency
First of all, if there is a significant emergency, the landlord may be able to enter to take appropriate action. Perhaps there is a gas leak, and they want to turn off the gas valves, for example, or perhaps there is a fire on the property.
If they provide advance notice
Most of the time, what a landlord will do is talk to the tenant in advance and give them 48 hours of notice that they need to enter the property for a specific purpose. Maybe they need to perform maintenance, conduct an inspection, make improvements, supply necessary services or even show the space to prospective tenants.
A tenant is not supposed to unreasonably withhold consent and should work with the landlord to provide access. But at the same time, they should be given advance notice, so they are not surprised when the landlord shows up to perform maintenance or take another approved action. Communication between both parties is a critical component.
Resolving a dispute
In some cases, access to the apartment will result in a dispute where one party believes that their rights have been violated and the other does not. When landlords and tenants find themselves in this position, it may be necessary for them to look into all of their legal options to seek an appropriate resolution.