Legal Question in Real Estate Law in Pennsylvania

Apartment Entry

Is it legal for a landlord to enter your apartment once every month for an inspection? I have lived in this apartment for six years and this is the first time this has happened.


Asked on 2/16/07, 5:45 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Apartment Entry

You asked about a landlord's ability to enter your apartment for a monthly inspection.

It depends. When a tenant leases space from a landlord the tenant takes on the most of the rights and privileges of the property. The most substantial of these is the "quiet enjoyment" of the premises. This means a tenant should be free of undue intrusions on their privacy.

Now on to the practical aspects. If there is a legitimate need for the landlord to inspect the premises every month then the landlord has that right. In fact the landlord has a duty to perform certain inspections to maintain the property.

But if the landlord is performing inspections merely because it wants to do so; or is being nosy; or for a non-legitimate purpose, such as making certain that the tenant is being responsible, then no the landlord does not have that right.

This is a touchy area, as are most in landlord tenant relationships. You have the right and interest in not being bothered but the landlord wants to protect its interests. You can easily require (demand) that the landlord make an appointment for any inspection only with 24 hours notice. You can also claim harassment if the landlord seeks to perform inspections an inordinate number of times or is overly intrusive.

The decision is yours as to how to deal with this situation. Just as an aside, even if the landlord put a monthly inspection requirement in the contract, it would be unenforceable unless there is a legitimate purpose behind each visit. Contracts rarely overcome the requirments of the law and the law provides that you be able to peacefully enjoy YOUR premises.

Regards,

Roger

Read more
Answered on 2/16/07, 6:15 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania