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Is it legal for my landlord to include a clause in my lease that says “if you make a maintenance request you are giving yourself notice and people may enter your apartment at any time without further notice”?

The following is an actual conversation between an Uprise RI user and our Helping Hand chat assistant. The most helpful conversations, as determined by our editors, will be showcased on our homepage, with personally identifying details removed when applicable.

Posted April 8, 2024

User: Is it legal for my landlord to include a clause in my lease that says “if you make a maintenance request you are giving yourself notice and people may enter your apartment at any time without further notice”?

The Helping Hand: No, in Rhode Island, a clause stating that by requesting maintenance you are providing notice for entry at any time without further notice is not in line with state law. Landlords are required to give a two-day notice before entering your apartment for repairs or maintenance, except in emergencies or if the property is unoccupied. Such a clause might be considered an attempt to waive a tenant’s right to reasonable notice, which is generally protected. If you have such a clause in your lease, it may not be enforceable, and you might want to discuss this with a legal expert.

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