While tenants have the ultimate authority to control access to their homes, landlords also have the right to enter because they need access to meet their planned repair and maintenance and inspection responsibilities. A lender will often ask its potential borrower to obtain the approval of the landlord of all real estate occupied by the borrower under a lease agreement if there is a material amount of collateral. If the site is particularly important, the owner`s consent may be required before closing. In many cases, it is considered a requirement after obtaining, often on an “appropriate effort”. Since the lessor is not usually directly involved in the tenant`s credit transaction, lenders and tenants have few levers. As a result, most landlords` consents strike a balance between the lender`s objectives and the lessor`s objectives. A tenant can support the process by addressing the issue of the lessor`s consent in his lease – including the obligation of the lessor to execute, at the request of a tenant, a waiver and consent of the lessor, and possibly a waiver approved by the lender and consent as an exposure to the lease agreement. Repairs and maintenance – Your landlord is responsible for the maintenance and repair of the property after the tenant has reported a problem or has noticed an inspection of one. However, to do so, the owner must go to the property. While you can technically break the terms of the agreement, your landlord will face a difficult time to force their entry through the courts. Since there is a strong argument in favour of your right to protect your privacy and to occupy exclusively the property, the decision of the dispute will be subject to leniency by the court. In any event, such a court proceeding can take so long that the lease can end well before the court`s final decision.
Your landlord may be guilty of harassment if he enters your home without your permission or if he sends owners without notice or at antisocial periods. This should not happen unless there is a need for an emergency repair. A written letter asking your landlord to stop this form of harassment should prevent such visits. The only thing that the right to “quiet enjoyment” can put in place is a court decision that allows a regional court official access to the land. Andrea Campbell Davison is the Associate Attorney at Bean, Kinney-Korman and practices in the areas of bankruptcy, creditor rights and financial restructuring.