If you’re wondering whether a landlord can look in your closet, the short answer is yes—provided they have a legitimate reason.
Understanding your privacy rights as a tenant is crucial for ensuring your rights are respected while maintaining a professional relationship with your landlord.
What are my privacy rights as a NSW tenant?
In NSW, tenant privacy rights are protected under the Residential Tenancies Act 2010, which ensures tenants are entitled to “quiet enjoyment” of their rental property. This means tenants are entitled to live without unnecessary interference from the landlord.
While the Residential Tenancies Act 2010 (NSW) doesn’t specifically mention closets or personal areas like wardrobes, it broadly covers tenant privacy rights and the circumstances in which landlords can access rental properties. Landlords are only allowed entry under specific conditions and must provide proper notice, except in emergencies or when the tenant gives permission.
Can a landlord look in my closet?
It depends on why they’re at your property in the first place. Let’s look at when landlords can legally access a rental property:
- Routine inspections: Landlords or their property manager can conduct up to four routine inspections per year, with at least seven days’ written notice. During these inspections, they will assess the general cleanliness and condition of the property. While technically landlords can inspect built-in areas such as wardrobes or cupboards, it’s uncommon unless there is a specific reason, like a broken door or necessary repairs.
- Repairs and maintenance: If repairs or maintenance are required, landlords or property managers can enter the property with at least two days’ notice. For instance, if a water leak is behind a cupboard, the landlord may need access to that area to complete repairs. In these cases, landlords should explain the issue and why access to a particular space, such as a closet, is necessary.
- Emergencies: In emergencies—such as a burst pipe or gas leak—landlords or property managers can enter without notice to address the situation quickly. Unless the source of the emergency is in your closet, they should not be looking there.
- Property viewing: If the landlord is selling or re-letting the property, they can show it to prospective buyers or tenants. However, if they are re-letting they must provide “reasonable notice”, and it can only be in the last 14 days before the tenancy is due to end. If they show the property to prospective buyers, they must provide 14 days’ written notice before the first inspection. In both instances, tenants can request privacy for specific areas, such as closets, during these visits.
- When the tenant agrees: If you give your permission, the landlord can enter the property at a mutually agreed time. However, you are well within your rights to ask why they need access and what areas they plan to inspect.
What can I do if my privacy has been breached?
- Speak up: If you’re concerned about privacy or are uncomfortable with aspects of an inspection, speak to your landlord or property manager beforehand to clarify which areas will be inspected and ensure your personal space is respected.
- Consult your Property Manager: Despite property managers acting for landlords, who are their clients, in many respects they are also intermediaries and have a responsibility to ensure tenants are treated fairly. If your privacy has been breached, raise the issue with your property manager first.
- Seek an order from the Tribunal: If a landlord continues to breach your privacy or enters without proper notice, you can file a complaint with the NSW Civil and Administrative Tribunal (NCAT). The Tribunal can issue an order requiring the landlord to comply with entry notice rules. Persistent or serious breaches may allow tenants to argue that the landlord has violated the lease agreement, potentially allowing them to end the lease without penalty.
By understanding your rights and maintaining open communication, you can ensure your privacy is protected and maintain a positive relationship with your landlord.
Have questions about your privacy rights or tenancy issues? Reach out to our team for professional advice and support.
Prudential Real Estate Macquarie Fields | (02) 9605 5333 | macquariefields@prudential.com.au
Prudential Real Estate Narellan | (02) 4624 4400 | narellan@prudential.com.au
