I thought this was standard practice. Granted, I've only signed one lease, it was pretty well spelled out(no specific dates/times) that they are allowed access for maintanance and safety inspections at any time. I've also helped some buddies who's leases allowed such also. Maybe state specific?
If a landlord is given any reason to suspect illegal activity on their property and neglects to pursue eliminating it, does that not make them liable?
Would you still be bound to give written notice to investigate it?
So, let's say you call the cops on your tenant after you've illegally entered one of your apts without notice.
What are the repercussions for you?
How hard would an apt dweller have to push($$$) to try to make anything of it?
How hard would it be to fabricate an unsafe condition(think - OMFG, the foundation may be compromised, oh wait, no it's ok)?
Would that get OP off the hook after the bust?
Everything is within reason.
Its not hard to make up a reason to enter an apt where there are more than one unit per building,if the tennant files suit the landlord must show cause for entering without notice,if the landlord cant prove his case the tennant can win up to 3 times the monthly rent,this amount also apply's to security deposits not returned to the tennant,or written notice being given on seizure of security deposit.
If the landlord suspects illegal activity he still cant enter,he needs to call the cops & have them investigate.
In my state we hold no legal responsibility or liability to report any suspected crime to the police,unless its a threat to life then the same standards apply that apply to all citizens.
On the ethics end the landlord association i belong to strongly pushes its members into reporting any & all crimes,most follow this mode of thought .
As far as using the tainted evidence issue in court to get charges dropped i cant see that happening, i gotta believe that police depts are under no obligation to check to ensure the landlord followed guidelines governing entry,all they need is a complaint & somebody to let them in the door,after that you'd have to sue the landlord for breach of privacy,this part is pure speculation though as i have never dealt with this issue.
