It can be a struggle for some landlords to embrace the concept that even though they own the rental property, they have to give up some of their rights to it to the tenant who will occupy it.
One of the rights that they need to give up is their right to enter the property whenever they want. Once a tenant rents a unit, it becomes his private place. If the landlord enters the property without prior notice and approval from the tenant, the former would be invading the latter’s privacy. The same thing applies to breaking or changing the locks.
Privacy is a very sensitive concern for every tenant. Living in a place that they do not own, it is understandable that they would be very protective of their privacy during their tenancy because it could easily put them at risk of fraud, theft, or danger.
A smart landlord would avoid any lawsuit involving the violation of the rights of tenants. They educate themselves on under what circumstances they can and cannot legally access their rental property whilst being occupied by a tenant. Ignorance of this matter is often the downfall of many landlords.
One of the scenarios where the lack of knowledge on this subject becomes a problem is when landlords are asked by the police to give them access to the rented unit. A landlord must have a good idea of their rights as owners, the rights of their tenants, and how to handle the police’s request to access the property.
Landlord Permission
There are various reasons for the police to search a rental property, such as:
• to hunt down a suspect or a criminal at large
• to check for the presence of drugs
• to respond to a tip
• to follow a lead in an investigation
Even though the police have high authorities, they are not allowed to enter a property anytime they want. It doesn’t matter if it’s a rented property or a private home. The law protects people of different backgrounds and living situations from unnecessary police searches without a search warrant signed by a judge.
A landlord’s permission has very minimal value in this situation. What matters most is the presence of a signed search warrant.
There are only three instances when police are legally allowed to enter a rental property and conduct a search:
Instance #1: A tenant gives the police the consent to enter even without a search warrant.
Instance #2: The police have a search warrant that is signed by a judge.
Instance #3: The police believe that an imminent is present inside a property after, for example, hearing gunshots from inside, screams of help, or violent arguments.
A landlord is obligated to give the police access to the property if they have a signed search warrant, even if the tenant is not present on the property at that time.
Without a search warrant, only the tenant who is listed on the lease agreement has the right to give the police consent to enter.
Roommate Permission
Other occupants (e.g. a tenant’s spouse) may give the police consent to enter even without a signed search warrant.
In the case where only the roommate gave the consent, the police will only be allowed to conduct a search on the common areas of the unit, such as the living room.
In a warrantless search that was authorized only by a roommate, the police are not allowed to enter a tenant’s bedroom
Tenant Rights
After a rental agent publishes a listing on Padleads and attracts several rental applicants, his screening process must include looking into an applicant’s history of criminal activity if the local law allows it. This can decrease the chances of having a tenant that tends to get in trouble with the police, minimizing the chances of a police search.
But since a police search is not always due to a tenant’s misbehavior, a new tenant must be informed of his rights in granting access to their private unit. When landlords, tenants, and other parties (e.g. roommates) involved are knowledgeable in such matters, it can decrease the chance of legal dilemmas during police search operations. Of course, no one wants it to happen, but if it does, it’s better to be prepared.