Legal Question in Landlord & Tenant Law in Kansas
I recieved a letter In the mail today from my landlord it states
With the complaints we have recieved it's been brought to our attention that the smoke odor may not be just regular ciggerette Smoke all types of smoking is a direct violation of your lease agreement but other types of smoking is against the law. We've already contacted the wichita police department and will be working with them to combat any issues with illegal substances within the building. We will begin 24 hour inspections of each apartment in the next couple weeks in order to put an end to this issue. Is this legal can they do 24 hour home checks? I am not a smoker so I feel this is not right?
1 Answer from Attorneys
I'm not sure what 24 hour checks mean. Maybe they mean they will give a 24 hour notice of when they're coming to inspect the premises. Assuming that you do not own your unit, but are renting, the landlord can probably come in. Unless your lease dsays otherwise, landlords can periodically inspect the premises to evaluate the condition, and do regular maintenance. If they have a reasonable suspicion of illegal activity or dangerous conditions, most Courts would not consider a breach of a tenant's peaceful use, to make a walk through inspection. If you're not a smoker or toker, perhaps you can relieve their concern about you in one walk thru visit.
Good luck
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