• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lessor's right of entry

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pigpen

Junior Member
What is the name of your state? Mississippi

"LESSOR shall have the right to enter the apartment at all times when necessary to make needed repairs and this right shall exist whether or not LESSEE or other occupants are on the premises at such time"

if i sign this lease, does the landlord not even have to give warning ahead of time, or compromise with me on a convenient time?
 


HomeGuru

Senior Member
pigpen said:
What is the name of your state? Mississippi

"LESSOR shall have the right to enter the apartment at all times when necessary to make needed repairs and this right shall exist whether or not LESSEE or other occupants are on the premises at such time"

if i sign this lease, does the landlord not even have to give warning ahead of time, or compromise with me on a convenient time?
**A: the L/T law prevails in this instance. L must give advance notice to enter unless due to an emergency.
 

JETX

Senior Member
With all due respect to my esteemed colleague HG, I disagree.

"if i sign this lease, does the landlord not even have to give warning ahead of time, or compromise with me on a convenient time?"
*** Yes, as long as the entry is "to make needed repairs".

Mississippi does NOT have a landlord 'Notice to Enter' statute and simply relies on the lease or good 'practice'. As such, if the lease allows "the right to enter the apartment at all times when necessary to make needed repairs", your signature shows your acceptance of that access.

The MS landlord-tenant laws can be found at:
http://www.mscode.com/free/statutes/89/007/index.htm
and
http://www.mscode.com/free/statutes/89/008/index.htm
 

dequeendistress

Senior Member
It matters if it is a public housing or subsidized housing lease.

Which you will find that statement within the lease. (and/or the occupancy policy)
 
Last edited:

JETX

Senior Member
Actually, my dear, it makes no difference whether the lease clause offered was in a public housing project, or a subsidized housing lease, or in a private landlord lease.

As long as the clause is in the lease and it was signed by the lessee, it would be a valid clause.
 

dequeendistress

Senior Member
From the writers post(S) it sounds as though it is verbatim from subsidized housing regs...

I think I should have posted "for example....public housing etc.."

I am in total agreement with JETX...

I also am not inferring that residents of public housing or other subsidized housing do not have the same privacy rights as in private housing. 24 CFR 966.4(j): BUT many public housing leases and evidently OTHER leases have a clause which states that requests for maintenance constitutes permission to enter the unit/dwelling. This simplifies maintenance delivery and reduces lost staff time in attempts to connect with tenants who are in and out.

Although tenants cannot be asked or required to waive Fourth Ammendment rights. This is in no way to be misconstrued into that entering the unit by the Lessor or the police for security purpose in the absence of a search warrant or if the officer is not in "hot pursuit".

The lease clause in whatever type of housing lease covers the entry question.

My question...why sign a lease if you do not like or cannot abide by the stipulations?
 
Last edited:

pigpen

Junior Member
now i get it. you two must be landlords. only then could you be supporting a clause so inconsiderate of an individuals privacy.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top