Vermont Tenants, Inc.
Landlord Access to Rented Residential Property
and Tenant Right to Privacy
A Tenant Information Sheet on
Landlord Access to Rental Property
PRODUCED BY VERMONT TENANTS, INC./CVOEO
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A landlord is illegally entering a rental unit if s/he is not complying with the access section of Vermont's Landlord/Tenant law. If a tenant gives a landlord permission to enter an apartment, then the landlord can enter at any time agreed to. Otherwise, a landlord can enter a rental unit only if:
S/he gives the tenant at least 48 hours notice; and
S/he is entering the tenant's rental unit only between 9:00 AM and 9:00 PM; and
S/he is entering the property only for one of the following reasons:
a. To inspect the premises;
b. To make necessary or agreed repairs, alterations, or improvements;
c. To supply agreed services; or
d. To exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
Note: If a landlord IS complying with all of the above provisions of the law, then a tenant can not deny her/him access to a rental unit.
If a landlord is entering a home illegally, then the tenant may consider taking one or more of the following steps:
1. Send the landlord a letter referring to the access law and informing her/him that further violation of the law will amount to illegal trespass. (VTI has form letters for this purpose.)
2. The tenant may post a "Notice Against Tresspass" (PDF), indicating to the offending landlord that illegal entry without proper notice will constitute an act of illegal trespass. The notice should be mailed to the landlord as well as posted at the apartment. Get a copy to the local police. Contact the police the next time that the landlord enters illegally. The police should take appropriate action.
3. Seek legal representation from an attorney.
If you have any questions, please contact Vermont Tenants, Inc. at 864-0099.
NOTE: This document is intended to serve as a general guide and does not constitute a legal opinion or legal advice regarding any specific situation.
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