Tenants are generally told that if they have a landlord that gives them trouble, whether it is because of the landlord constantly trying to get into their unit or calling too frequently, then they can request information about tenant rights. While this may be true in most circumstances, there are some exceptions for doing landlord checks.
Before we go further, we should clarify what exactly a landlord check is and why it may not be legal at all times. A landlord check refers to when a landlord comes to the property without notice and enters the rental unit with no legitimate reason as to why he or she needs quick access inside. This article will discuss these instances, when they are appropriate, and when they are not.
When Is It Unlawful to Check on the Tenant Without Notice?
Even though landlord checks are generally considered legal, there are still some limits. For example, if a landlord is entering the property without notice for some reason that does not need immediate action, it can be seen as unlawful. The landlord may even have violated state laws on landlord-tenant rights which put the landlord at risk of being sued. Just because the rental property is your personal property, and just because a tenant might pay rent to live in your unit, does not mean you can always dictate when you enter and leave without consent.
How Often Can You Conduct a Landlord Check?
As far as how often you can do these landlord checks, you’ll want to reference your state and local laws. Some people choose to say that no matter how much frequency there is, anything beyond once every six months would be against what they think is right or wrong. Even though they do not know whether this holds up in the judicial system or not, they still choose to go by it. There are arguments for more frequent landlord checks as well that say that doing landlord checks any more often than once every six months is unlawful.
After reading everything above, you can see how checking on a tenant frequently could be seen as violating their rights if the landlord does not have a legitimate reason for being at the property. It is generally better to give notice prior to doing performing a landlord check-in or inspection, giving them a chance to clean up anything they do not want you to see before you come over.
Now that we have covered some basics, let’s look at some of those exceptions mentioned earlier where landlord checks may not always be against the law under certain circumstances.
When Is It Alright to Check on the Tenant Without Notice?
Again, you’ll want to learn the ins and outs of Nevada law, as well as keep up with any Nevada revised statutes, to find specifics on when you, as the landlord, are allowed to enter the property without notice. Most often, state guidelines follow the premise that landlords may enter their rented properties in case of emergency. Some of the most common emergency reasons that landlords in many states across the country are allowed to enter without notice include:
Illegal Activity
If the landlord suspects illegal activities like the presence or distribution of drugs, prostitution, pirating, etc., they may be allowed to enter the property without notice. Obviously, many laws in the recent past have changed and become more flexible, especially regarding drugs, so be sure to consult your local laws.
Someone Is in Danger
If the landlord suspects that you, or someone else, in the home is in danger, they may be permitted to enter without your consent.
Maintenance Emergency
If you live above a laundromat, and a pipe bursts in your bathroom while you’re taking a shower, and you flood the laundromat downstairs, your landlord can usually burst in and stop the water leak at their own will. That’s just one example, and yes, it’s a true story, but timely maintenance issues in general usually constitute a lawful landlord check.
Pest Infestation
This is kind of a wacky one, but it could apply to you. If you find that there is a severe infestation of pests such as roaches, bed bugs, or rodents and they can be seen from outside, then landlord checks may not always be unlawful. This is because it could be seen as an emergency situation where immediate action needs to be taken and your landlord check may not require giving them notice first.
Uncooperative Tenant
The next exception is if you have given your tenant written notice about something and they have failed to comply with whatever was asked. This exception means that whatever it was they were supposed to do, such as getting rid of pests or fixing a faulty appliance, did not get taken care of in the necessary amount of time.
This is usually a fine line though, and it’s easy for a tenant to interpret instances like these in accordance with landlord-tenant laws where landlords must give their tenants notice first. You need to consult state laws first to make sure there is a legitimate lease violation or breakage of the lease agreement before checking on the unit.
When Should You Hire Professional Eviction Service to Handle Unlawful Eviction Accusations?
Hiring an eviction services team provides landlord eviction solutions for landlord-tenant disputes. They can make sure that landlord checking is kept to a minimum without violating your tenant’s rights, along with other landlord-tenant laws, especially with the eviction moratorium currently sweeping parts of the country.
If you have a perpetually difficult tenant who you feel is forcing your hand often and causing landlord checks due to misbehavior and refusal to comply with your rules and state laws, an eviction services company might be the move for you.
If you are not sure whether landlord checks are unlawful or not, then it is best to hire an eviction services company to assist you, like NMI Evictions. NMI is a licensed process server that knows civil law, can provide legal advice, serve eviction notices, take you through the justice court process, and can take you through the formal eviction process legally, respectfully, smoothly, and quickly. If you’re in the Las Vegas, Nevada, North Las Vegas, or Clark County area, and you need help serving an eviction notice or need help with the overall eviction process, contact NMI Evictions today! They are a local, trusted, premier eviction services provider, and they’ve been in business for nearly 40 years.
Call the Professionals
Landlord checks are tricky business. Different states have different rules when it comes to determining when it’s okay for a landlord to enter their occupied properties, and when they need to leave their tenants alone. Because of this, it’s vital that you know your local and state laws and regulations to protect yourself as a landlord and respect your tenants. Both the landlord and the tenant suffer when the landlord doesn’t know the rules of their rental property.
If you aren’t sure, reach out to your local eviction services company, like NMI Evictions. They can assist you with the law, and, if necessary, prevent future landlord checks by initiating an eviction against an unruly tenant.