Landlord Entry Laws?

By mj

So in South Carolina a landlord/maintenance member is allowed to enter the apartment is 24 hours notice is given. 

Yesterday my husband and I received notice on our door that maintenance would be coming in to change the air filters some time today. The air filter is located outside in a shed on the balcony (we live on third floor) and they just have to walk in, through the living room and go outside. There is no reason for them to go in any other part of the apartment. I have always been suspicious that when the men enter they also go through my entire apartment and rifle through my things, so I locked my bedroom door and put a piece of tape on the bottom just to see if it would be broken when I got home. 
I left for work at 3 pm and arrived back home at 615. The piece of tape was connected to the door, but the door was open! I checked that the door was locked and latched before I left by pushing on it just. The management team at my apartment complex is very rude and constantly makes me feel unsafe here. Unfortunately, our lease is not up until February so there is no moving in the near future. 
My question is, if the notice said the entry was to change the air filters do they have the right to look in the rest of the apartment when I am not home? Even if the door is locked?
Thanks!!
MJ

Edited on: Wednesday, April 27th, 2011 8:50 am

3 Responses to “Landlord Entry Laws?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Gary Kullimore

September 30th, 2010 2:50 am

Hi MJ from NJ,
To put it into better perspective:

As long as the landlord has provided you with the required entry notice, they can go through the entire apartment. Now, obviously they have no right to go through your belongings, but they have full right to inspect the entire apartment.

Ultimately, the landlord is responsible for the property. Thus, its very common for landlords to do a quick inspection of your apartment when they enter to do any maintenance. This allows management to discover problems or other maintenance needs. I once found drug paraphernalia during a routine maintenance request. I discovered the drugs due to me doing a quick inspection of the bedrooms. The drugs were in clear view on top of the dresser. When the tenant arrived home he was greeted by the police who arrested him on the spot.

Locking interior doors raises red flags for landlords. It says, HEY I DON’T WANT YOU TO SEE WHAT I’M HIDING IN HERE!! Which, ultimately results in the door being checked and probably inspected more closely.

If you are that paranoid about it, I would suggest that you hide a nanny cam or something when they come next time. Its only illegal if you catch your landlord going through your personal effects. They have full right and access to your entire unit as long as they provide you with proper notice.


However

October 2nd, 2010 1:01 pm

I certainly hope the above post isn’t completely true.

Just because the landlord owns the property, doesn’t give them unfettered rights to enter at free will. A tenant LEASES the property, and as such, has certain rights to reasonable privacy – such as notice when entry will be made, and the request to be present. I know at least in some states, you have the right to request being present at the time of any entry, for non-emergency situations (within reason; you can’t string a landlord along for a year for routine maintenance). Why pay for a nanny cam, when reasonable coordination is appropriate, and in many states, the law?

And I cannot believe drug obtained in such a manner would be admissible as evidence, or if so, would result in a conviction. You’re telling me that during any tenant-landlord dispute, or any disgruntled service worker could enter my apartment while I was out, plant contraband, and have me arrested? I don’t think that’s accurate.


MARCIE

February 26th, 2011 8:22 pm

I HAVE SOME TENANTS THAT i EXPLAINED TO THEM i HAVE TO SEARCH THEIR BELONGINGS, BECAUSE OF MY ITEMS BEING MISSING…FOR ONE A DIAMOND RING AND ENGAGEMENT BAND. hE SHOVED ME OUT OF THE WAY WHEN i WAS DOING MY WORK, BECAUSE HIS WIFE WAS ON THE PHONE WITH HIM, “TELLING HIM GET THAT BITCH OUT!” WELL I CALLED HIS PROBATION OFFICER AND PUT HIM IN CHECK. I ALSO GAVE HIM A WEEKS NOTICE AND THEN A 2 DAY NOTICE AND THEN A “ONE” DAY NOTICE, THAT THIS INSPECTION NEEDED TO BE DONE. I FOUND MY EARRINGS IN HERPOSSESSION, ALL MY SOCKS, 1/2 MY UNDERWEAR, AND MOST OF MY CLOTHING, WHICH SHE WENT INTO MY STORAGE FACILITY, AND WENT THROUGH MY BELONGINGS. I REMOVED MY BELONGINGS FROM HER SUITCASE, AND PUT THEM BACK INTO MY POSSESSION.
HER HUSBAND RENTED OUT OUR TOOLS IN OUR GARAGE WITHOUT OUR KNOWLEDGE. THE CARPETING WAS NEW WHEN THEY MOVED IN AND WAS BLACK STAINED WHEN THEY WERE EVICTED. I FOUND MANY DIRTY NEEDLES IN THEIR ROOM AND EMPTY BAGGIES OF USED DRUGS. I WAS ALSO RECEIVING COMPLAINTS FROMOTHER TENANTS THAT THEIR BELONGINGS WERE TURNING UP MISSING. THE WIFE IS A REAL TRAMP AND SO IS THE HUSBAND, I AM GLAD THEY ARE GONE, THEY CAN GO LIVE BACK UNDER THE “5” NORTH WHERE THEY BELONG. GOODBYE MICHELLE FAZA AND JOE BOTELLO!!!!! GOOD RIDENCE!!!!! WHAT ARE THE LANDLORDS RIGHTS IN THIS SITUATION


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