Legal Question in Real Estate Law in Missouri

Right of Access

Can my landlord access my apartment without notice?


Asked on 12/16/02, 4:46 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: Right of Access

You have not provided enough information to give you a "yes" or "no" answer. If you are speaking about a residential lease, the landlord retains the right to periodically inspect the premises for damage and repairs, and to do the routine maintenance that is their respoinsibility, unless you contract otherwise. There are no specific requirements on notice to the tenant. There are some limits defined by the evershanging definition of interruption of enjoyment civil cases, and tresspass criminal cases.

If you were to provide more factual information, an attorney might be able to give you a clearer answer to your question.

Good Luck

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Answered on 12/16/02, 5:56 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Right of Access

Generally speaking a tenant has the right to the exclusive enjoyment (possession) of the premises even as opposed to the landlord. Thus, if a landlord "breaks and enters" premises rented from him or her the landlord may be held liable for civil damages. It is also possible that the landlord may be held criminally responsible under certain circumstances. However, the landlord does not give up all of his or her property rights and may in fact enter upon the premises for inspection and repair or maintenance subject to reasonable notice and/or arrangements with the tenant. That is to say that a landlord can not barge in whenever he or she wants, but must make reasonable efforts to make mutually agreeable arrangements with the tenant. I would presume that most landlords would seek to legally evict any tenant that refused the landlord any opportunity to inspect, repair or maintain the premises. Also,if the premises are subject to a written lease, the lease itself will set forth the particular terms regading the landlords rights to enter the premises.

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Answered on 12/16/02, 10:48 pm


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