Can the Landlord Detain a Tenant for a Repair?
Full Question:
Answer:
A landlord must give advance notice, such as 24 hours, of making a repair, unless it's an emergency, or in certain other cases. Typically, advance written notice is not required under any of the following circumstances:
To respond to an emergency.
The tenant has moved out or has abandoned the rental unit.
The tenant is present and consents to the entry at the time of entry.
The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement
It will be a matter of subjective determination for the court based on the facts involved whether there was an emergency, whether the landlord gave advance notice, and whether it was reasonable for you to not be able to wait 45 minutes, and whether you were held against your will and unable to move in a way that amounted to falde imprisonment.
