Legal Question in Landlord & Tenant Law in Missouri

Laws on landlords entering without notice and invertation

I wanted to know what the law is on Landlords or Managment entering my place without any prior notice and not inviting them in? And if not too much to ask where I might be able to look online to receve a print-out of this law, thank you.


Asked on 10/14/03, 12:04 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Laws on landlords entering without notice and invertation

Unfortunately there is no statute on this issue. The common law doctrine is called the "covenant of quiet enjoyment." Under the covenant, when a landlord leases property to another, he covenants that the lessee will be able to enjoy the property without his or her peace being disturbed by the landlord. If a landlord breaches the covenant, there is an action for damages.

Of course, there may also be a a provision in your written lease that provides that the landlord may not enter without notice. Generally entry without notice (unless there is an emergency, like smoke coming out of your apartment) is considered to be a breach of the covenant if it happens more than once.

Your best bet would be to notify your landlord that you want 24 hours notice before entry, and tell him that entry in the absence of notice is a violation of the covenant of quiet enjoyment, and that you will pursue a legal remedy if this continues.

Good luck

Read more
Answered on 10/14/03, 12:16 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Missouri