Quick legal advice
Question: I live in a rented apartment, and the landlord has spare keys. The lease states that he has the right to inspect the apartment, but there are no specific rules regarding this. While I was at work, he unlocked the door without warning and came to check the radiators. The lease simply states, without further details, that the landlord has the right to inspect the apartment. So is he in the right?
Quick Legal Advice:
No. The mere provision in the lease agreement stating that the landlord has the right to inspect the apartment does not give him the right to use a spare key to unlock the door and enter at any time without your knowledge. Although the Civil Code allows the landlord to inspect the apartment to the extent necessary and to enter it for necessary repairs or maintenance, Section 2219 requires the landlord to give reasonable advance notice of any intended visit. At the same time, the landlord is obligated to ensure that the tenant has undisturbed use of the apartment for the duration of the lease.
If the lease agreement merely states in general terms that the landlord “has the right to inspect the apartment” but does not specify the manner in which such an inspection is to be conducted, such wording cannot be interpreted as granting the right to enter without prior notice. The Ministry of Regional Development also states in its current guidelines on tenancy relationships that routine inspections must be announced in advance and the date must be agreed upon with the tenant; the tenant or a person authorized by the tenant may be present during the inspection.
Exceptions are truly urgent cases. The law does not require prior notice if it is necessary to prevent damage or if there is a risk of harm due to delay—for example, in the event of a water leak, gas leak, or similar immediate emergency. A mere preventive inspection of radiators generally does not constitute such an exception.
The fact that the landlord owns the apartment or has spare keys does not, in and of itself, mean that the landlord may enter the apartment at will during the term of the lease. The apartment is your private space for the duration of the lease, and the Civil Code protects both the undisturbed use of the leased property and a person’s privacy. Repeated entries without legal justification and without your knowledge may therefore constitute an unauthorized infringement of your rights.
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