Legal Question in Landlord & Tenant Law in Virginia

Can a landlord demand entry?

Can a landlord demand entry to an apartment when there is no emergency? Recently, my landlord came to my apartment. I wasn't home, but had an out of town guest staying for the holidays. SHe heard someone trying to unlock the door and peeked out the window. When the landlord saw her peeking out, he approached the window, held up his keyring and said ''open the door now or I will.'' Can he do that? Granted, my rent was about 10 days late, but there had been no notification about eviction or anything of the sorts. When my guest did open the door, the landlord asked for me. She told him I wasn't home. He then stated ''well, she didn't pay her rent. Tell her she has 5 days to pay it or she has to get out!'' Can he reveal that sort of information about me? I know in most ''collection'' type cases, financial information can only be disclosed to the party owing the debt. I was so embarrased that he told my guest my rent was late. Not to mention how scared she was to look out the window and see a strange man tyring to open the door.


Asked on 1/05/06, 4:49 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Can a landlord demand entry?

Typically, the lease addresses this question

explicitly. If the lease does not give the

landlord the right to enter, then I think a fair

interpretation of real estate law is that the

landlord does NOT have that right. What you

describe, however, is more of just coming to

the door and speaking at the door, just like

anyone else knocking at the door, so it may be

hard to complain about that.

As to debt collection, the rules you are

mentioning are the Fair Debt Collections Practices Act. Unfortunately, although it does

not make much sense, the FDCPA covers debt

collectors and law firms, that is companies

that collect debts professionally on behalf of

others. Although the FDCPA should cover anyone,

it does not cover a creditor collecting on its

own behalf, rather than a professional debt

collector.

I would not advise a client (landlord) to share

personal information with strangers, but it may

not be much of a violation.

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Answered on 1/05/06, 11:42 pm


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