When tenants sign a lease for a property, they generally have the right to use the property as they see fit. So long as they do not violate the terms of the lease, they can come and go as they wish. Tenants may rent residential properties where they live with their families or commercial properties where they intend to do business. At both types of properties, landlords may occasionally show up intending to conduct inspections.
What rules apply in scenarios where landlords want access to occupied rental units?
The law does not directly address landlord inspections
The rules that govern a landlord-tenant relationship depend on the terms of the lease and also state statutes. Georgia currently does not have any statutes directly addressing the landlord’s right of access to inspect and repair the facilities. Instead, there are standards established in lease materials and common practices.
Generally speaking, tenants have a right to quiet enjoyment during their tenancy. Current best practices at residential units involve providing tenants with 24-hour notice before trying to access a residential rental unit. However, the terms of a landlord’s lease may deviate from that standard.
Regardless of lease terms, landlords can demand immediate access in emergency scenarios. Water dripping into a downstairs neighbor’s unit or concerns about a gas leak could make immediate access to a residential property necessary.
If the rental property is a commercial unit, then the lease likely provides the only guidelines related to inspection rights. In scenarios where landlords provide maintenance and repair services for commercial tenants, they may add provisions protecting the right to respect the unit on demand. Other times, the lease may not include language discussing inspections. Instead, the landlord may simply reach out to the tenant when they think an inspection might be necessary.
Some landlords conduct unreasonable and inappropriate inspections as a way to intimidate their tenants or justify citing them for minor lease violations. Other times, they may want to gain access to a rental unit because they have reason to believe that the tenant has damaged the property or violated the lease.
Extra tenants or undisclosed pets could be examples of lease violations that could trigger inspection requests. At commercial units, allegations of illegal activity could prompt an inspection request with little advance warning. Landlords and tenants generally need to understand their rights under the law and the rules that apply to rental arrangements.
In scenarios involving violations of rights or property damage, real estate litigation may occur because of inspections. Reviewing a lease with a skilled legal team is often the first step toward establishing whether an inspection is appropriate or not.