Legal Question in Landlord & Tenant Law in Rhode Island

unlawful entry

Is it unlawful entry if the landlord enters an apartment without notice and no emergency exists?

I work nights and sleep during the day. I was in bed, midmorning, with no clothes on, my bedroom door was open. I was awakened abruptly by the sound of a mans voice. He was standing in the doorway of my bedroom (I was totally exposed) and told me he was here to check the fire alarm wiring. I was given no notice of intent by management to enter my apartment and if they knocked, I was not aware. I felt totally violated. Do they have the right to enter at will without notice and in the absence of an emergency? I am told I may not put an inside lock on my door. Do I have the right to ensure my safety by preventing any further unannounced intrusions by the landlord? Is this considered unlawful entry?


Asked on 2/04/05, 12:27 pm

1 Answer from Attorneys
Staff General Counsel LawyersCollaborative

Re: unlawful entry

The short answer to your question is yes, it is unlawful for a landlord to enter a residential apartment without notice where no emergency exists.

The Rhode Island Residential Landlord Tenant Act governs the relationship of a residential landlord and tenant.

Section 34-18-26 states, in pertinent part, "Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of his or her intent to enter and may enter only at reasonable times."

If I may be of further assisatnce, please do not hesitate to call me at 401-941-7771, extension 13, or by email at [email protected]. You may view our qualifications at www.montsum.com.

Thanks,

Scott

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Answered on 2/04/05, 1:15 pm


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