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Posted by: Maricopa Lawyers on Aug 11, 2016

Some landlords can be overly invasive and enter your apartment without any notice. These types of landlords can be frustrating for you and may even be infringing on your tenant rights. Is it unlawful for your landlord to enter your apartment when you’re not home? Depending on the circumstances, yes.

Legal reasons your landlord may access your apartment

Landlords must get permission and give notification of at least 24 hours before entering your apartment unless there is a real emergency that threatens lives or the property. A landlord may also enter without notice if they believe you have abandoned the property without giving notice or returning the key. Otherwise, landlords may enter your apartment after notifying you to do one of the following:

  • make needed repairs or improvements (such as to fix a broken oven), or assess the need for or the costs of repairs, or
  • show property to prospective tenants or purchasers.

Although you have legal rights as a tenant, your landlord also has rights. If you fail to cooperate it could lead to disputes and even lease termination.

If your landlord breaks your tenant’s rights

If your landlord continually invades your privacy and enters your apartment without notice or legitimate reason, you may be able to sue in small claims court on one of the following legal grounds:

  • trespass—entering your rental unit without your consent or proper authority
  • invasion of privacy—interfering with your right to be left alone by spying on you, interrogating your visitors, knocking on your door at odd hours to see who answers, or entering when you’re not at home with no legal justification.
  • breach of implied covenant of quiet enjoyment—interfering with your right to undisturbed use of your home
  • infliction of emotional distress—a pattern of illegal acts by your landlord which caused serious emotional consequences.