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Your Rights in Emergencies

Although under normal circumstances you have no right to enter your tenant's apartment without permission, the law makes an exception when it looks like there's an emergency and your tenant is not at home.

Legally you can enter the apartment if you see smoke pouring out of a window or water flowing underneath the tenant's door or through the ceiling, or if you hear screams and no one answers your knock. When no one responds to your knock, however, you must first call the police, then use your key to enter the apartment.

If you ever have to go into your tenant's space while she is absent, it is extremely important to leave a note inside explaining why you entered. Write down the date and time you were in your tenant's space, how long you were there, and who, if anyone, came in with you.

Some landlords have been accused of stealing their tenant's property after they entered without express consent. Be careful not to disturb anything while you are in there. And if you hire someone to do any repairs, supervise the work. It will protect both you and the worker.

Keep a copy of your note in the tenant's file, along with copies of any receipts or bills for labor and parts associated with the entry. This documentation is important if the tenant should decide to sue you for trespass or invasion of privacy. Also log the entry into your record book.

  1. Home
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  3. Maintenance, Repairs, and Emergencies
  4. Your Rights in Emergencies
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