A routine visit should be agreed with the tenant, lawyer Dmitry Khrulev told RIA Novosti. One warning alone does not authorize entry or use of a spare key.
On October 9, RIA Novosti reported that a landlord may not visit tenants without warning and that each visit requires the tenant’s consent. “Every ordinary visit requires the tenant’s consent; one warning is not enough. The owner may not open the door with a spare key against the resident’s will,” Dmitry Khrulev, lawyer and vice-president of the international mediators’ association Sila Dialoga, told the agency.
Khrulev said the rental agreement should set out the purpose and frequency of inspections, the notice period and permitted visiting hours. He also said that in an accident or a threat to people or property, access should be arranged with the participation of emergency responders, the building management organisation or police.
A landlord who arrives and knocks without warning does not incur liability merely for doing so, Khrulev said. The tenant may refuse entry and ask the owner to follow the agreed visiting procedure. A warning by itself is not permission to enter.
If the owner enters unlawfully against the occupant’s wishes, for example by using a spare key, the tenant may file a report with police and seek compensation for moral harm through a court. If the entry causes material damage, the tenant may also seek reimbursement. The contract and specific circumstances can affect the legal assessment.