As a landlord, maintaining rental properties is one of your primary responsibilities. To fulfill this obligation, you may need to enter a tenant’s unit for repairs, inspections or other legitimate reasons. But can you enter whenever convenient? The answer is no.
Entering without probable cause can violate legal boundaries
Delaware law outlines certain situations when you can legally enter a tenant’s unit:
- Emergencies: In an emergency, you can enter a tenant’s unit without notice. This includes situations such as fires, floods or a strong gas odor.
- Pre-arranged repairs: If a tenant requests repairs, you can enter the unit to address the issue. You will need to provide reasonable notice, typically 24 hours, and schedule entry at a convenient time for the tenant.
- Routine inspections: You can enter a unit to conduct routine inspections for maintenance or safety purposes. Similar to repairs, reasonable notice is a requirement.
- Court orders: If a court grants you legal access for a specific purpose, such as an eviction process, you can enter the unit.
While these situations permit landlord entry, abusing this right can strain your landlord-tenant relationship and potentially lead to legal disputes.
Your tenants have a right to privacy and quiet enjoyment of their homes. While you own the property, barging in without proper notice or for reasons not permitted by law can be construed as a violation of the tenant’s right. This can give them legal grounds to break the lease or even sue you for damages.
Legal compliance is vital in landlord-tenant matters
Whenever unsure about your rights or responsibilities, reach out to an attorney without delay. A knowledgeable attorney can help you craft a lease agreement that outlines the terms of entry and ensures compliance with legal requirements. In case of any disputes, they can represent you in negotiations, allowing you to focus on growing your investment.
