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When it comes to tenant and landlord relations. Is it legal for the landlord to enter the property with out notice?

Albuquerque, NM |

This is in regards to an accessory space i am renting. It is not a live in space. I am renting an artist studio that is an accessory building of the landlords. I am under the impression that in order for the landlord to enter the premises to check on the place, they must provide 24hr written notice to do so. There is no repair claim. the landlord is coming in without notice and inspecting the place, invading my privacy without cause. Once more they refuse to listen to my claim that they must provide 24hr notice? I don't live here but i work here and store my belongings here.

Attorney Answers 1


This is an interesting question due to the nature of the property being rented.

To provide a recommendation, I need a question answered. Do you have a lease for the space and if so, what does the lease state about LL entry?

If this were residential space being rented, the LL would definitely be required to provide notice, but since this is apparently not the case, the right of entry may be governed by the terms of the lease.

If there is no lease, then we would look to the nature of the property; does it have a bathroom, is it heated, is it in an area zoned residential? The more of these questions are answered with a 'yes', the more likely it is that the space would be considered residential, which would require the notice.

Finally, if you determine that you can not stand the entry by the LL; you should consider whether or not the lease has been breached. Again, if there is a written lease, follow the breach notice provisions, if there is no written lease and you are paying monthly, give the LL 30 days notice of your intent to vacate.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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