Legal Question in Landlord & Tenant Law in Pennsylvania

Landlord's right to enter

Our landlord wants us to sign a lease that has a clause that he can enter the premises anyday between the hours of 9am and 2pm. I know that we don't have to enter into this, but we like our place and don't want to move. My question is whether this is valid? Can he do this? Are there any contractual limitations here?

Thanks


Asked on 6/17/04, 11:43 am

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Landlord's right to enter

The landlord is required to provide you "quiet enjoyment" of the property. In addition, when you lease the property it becomes "yours" in terms of exclusive possession.

For the landlord to walk in any time violates the legal requirement of "quiet enjoyment." You have the right to determine who comes into your apartment and when.

Why does the landlord want that clause? Perhaps if you have him tell you the reason, you can work out something that everyone can live with. Maybe he is just concerned about being able to come in to make repairs when necessary. If so, then change the clause to say that.

Regardless, it's not a lease provision that I would agree to or sign. I would still argue, though, if it becomes a problem, that the provision is not enforceable and that its invalid. Courts are unpredictable, though, regardless of what the law really is. However, if he is really abusive of this provision, I feel that a court would probably say the provision is not enforceable.

Try to add a clause that says that he only can come in if you're there or if you invite him (i.e., there's a problem you want him to fix). Attempts to change the lease provision (if unsuccessful) will support your contention that the provision is not enforceable because you were forced to sign it.

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Answered on 6/18/04, 8:17 am


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