Can the Super of a building enter a tenant's apartment without the tenant's knowledge and there is no emergency?

Update:

I should have mentioned that this question applies to Halifax, Nova Scotia, Canada.

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  • 2 years ago
    Favorite Answer

    Not legally. Under the relevant laws in Nova Scotia, the tenant must be given written notice of the date and time of the proposed entry. Even in the USA, all states require that a tenant be given prior "reasonable" notice prior to a landlord entering their private home, other than an emergency. Such things CANNOT be waived by contract in the vast majority of states, such as "we're coming in monthly to inspect, without warning". That would be an illegal infringement upon the tenants' right be left alone.

    Source(s): Most US states have statutes on this. In other states, the common law of leasehold requires CONSENT of the tenant if the landlord wishes to enter, or at least "reasonable notice" prior to entry.
    • Nuff Sed
      Lv 7
      2 years agoReport

      Example: "No landlord shall willfully enter into the premises of the tenant without prior consent, other than to make emergency repairs." NH RSA 540-A:3,IV. However, landlord may enter for very limited reasons, "at a reasonable time after notice which is adequate under the circumstances." Id. V.

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  • 2 years ago

    Depends first on the terms of any lease. If you have agreed in a lease to allow the super unlimited access, then it is OK.

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  • 2 years ago

    No emergency, no.

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  • 2 years ago

    Depends on where you are and what the laws are regarding notice of entry.

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  • 2 years ago

    Sure he can. Unless there is an elephant blocking the way.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • Nuff Sed
      Lv 7
      2 years agoReport

      I believe that a question like this is primarily seeking information about the possible LEGAL consequences, not merely the physical ability. "Can I punch you in the nose for being a jerk?" Sure. But it's illegal and I might defend myself with lethal force.

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  • DEBS
    Lv 7
    2 years ago

    Usually no, but state laws would dictate this.

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  • 2 years ago

    Yes I will guarantee you that somewhere in your rental agreement it says that the landlord is entitled to conduct a periodic inspection of the premises. So you better hide all the crack pipes and the marijuana pipes cuz if your landlord sees it they can evict you.

    • Nuff Sed
      Lv 7
      2 years agoReport

      I will guarantee you that such a clause would be completely illegal and unenforceable in many places. The landlord generally has no legal authority to enter the private home of a tenant, although SOME places have enacted laws that chip away at such privacy.

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  • 2 years ago

    In my building (co-op) the super can enter even if there is no emergency although he will always attempt to contact the tenant first. Typical reason is a problem elsewhere in the building. He has keys to all the apartments for exactly that reason.

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    • Nuff Sed
      Lv 7
      2 years agoReport

      I don't have to know anything about NYC co-ops to know that there is generally no reason for any landlord to have a key to my private residence. If they need to enter for an emergency, then they can break in. In some states, a landlord opening your door without consent could be legally shot dead.

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  • 2 years ago

    Can they enter? - Yes, if the door is unlocked or if they have a key, then they are physically able to enter.

    Is it legal? - That depends on your state (and sometimes local/county/city) landlord-tenant laws. It also depends on your lease agreement. For example if the lease specifies that a building maintenance supervisor will inspect your unit on the first Monday of every month, then you've already been notified and no further notice would be required.

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  • kelvin
    Lv 7
    2 years ago

    no they can't as that is illegal

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