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Are tenants obligated to open the door for the homeowner? - La Nacion Propiedades
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¿Los inquilinos están obligados a abrirle la puerta al dueño de la casa?
Según el Código Civil y Comercial, el propietario solo puede ingresar al inmueble con autorización del inquilino o por orden judicial
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December 30, 2025
According to the Civil and Commercial Code, the owner can only enter the property with the tenant's authorization or by court order
The relationship between landlord and tenant is often fraught with tensions that go beyond the payment of rent.Wirestock photo available on freepik
The relationship between landlord and tenant is often fraught with tensions that extend beyond rent payments . One of the most frequent questions is whether the landlord can demand that the tenant open the door to enter the property. The legal answer is clear: the tenant is not obligated to allow the landlord or their representative entry without their consent, unless the lease expressly stipulates this possibility or a court order is required .
Following the repeal of the Rental Law, the Civil and Commercial Code of the Nation once again became the primary framework governing lease agreements , giving paramount importance to the principle of freedom of contract. It establishes the rights and obligations of both parties:
- Right of peaceful use: the tenant has the right to use and enjoy the property for the duration of the contract without interference from the landlord. This includes the right to privacy and to decide who enters the property.
- Landlord's obligation: The landlord must maintain the property in a condition suitable for its intended use. If repairs are needed, the landlord may request them, but cannot enter the property unilaterally.
- Eviction and forced entry: If the contract expires or there are breaches, the landlord must initiate legal proceedings. They cannot enter by force or demand the door be opened without a court order.
Specific situations
- Urgent repairs: The landlord can request access to carry out necessary repairs, but must coordinate with the tenant. If the tenant refuses, the landlord can resort to the courts to obtain authorization. The civil and commercial procedural codes of the provinces contemplate the possibility for the owner, landlord, affected neighbor (e.g., due to leaks from the property), and even the building manager (if the property is part of a horizontal property regime), to petition the competent courts, in the event of the tenant's or occupant's refusal to carry out urgent repairs, to order the entry—even through the use of force—of specialized personnel to perform the necessary tasks.
- Inspections or visits: there is no legal obligation to allow periodic visits by the landlord or his representative, unless the lease agreement provides for it.
- Landlord's Right of Inspection : Enrique Abatti (Jr.), a lawyer specializing in Real Estate Law and a board member of the Argentine Republic's Chamber of Property Owners, advises including a specific clause in lease agreements regarding the landlord's right of inspection. This clause should allow for periodic inspections of the leased property—with prior notice, for example, 72 hours in advance—during a specified time, under penalty of a fine if the tenant refuses. In the case of commercial premises, it is common to stipulate that inspections may be carried out at any time and without prior notice, during the business's operating hours.
- Termination of the contract: Once the contract expires, the tenant does not automatically lose the right to remain in the property. If their move-out is not agreed upon, the eviction must be carried out by the courts, and until a judgment is issued and executed, the tenant retains the unlawful occupancy of the property.
In the case of urgent repairs, the landlord can request access, but must coordinate with the tenant. If the tenant refuses, the landlord can seek legal authorization. Shutterstock
Tenant's rights
The tenant is protected by several principles:- Privacy: the rented property is your home, and as such enjoys constitutional inviolability.
- Legitimate possession: for as long as the contract lasts, the tenant is the legitimate holder of the property since the law establishes that the possessor is the landlord.
- Judicial protection: In the event of any attempt at forced entry by the landlord, the tenant can report him for trespassing.
The Civil and Commercial Code establishes the rights and obligations of the landlord and the tenant.
Both the landlord and the tenant have rights and obligationssirtravelalot - Shutterstock
Tenant's obligations
Articles 1205 to 1210 of the Civil and Commercial Code establish the following: Prohibition of changing the rental purpose; keeping the property in good condition; paying the rent and other accessory obligations assumed in the contract (property tax, expenses, services, etc.) in a timely manner; allowing necessary repairs to the property; returning the property at the end of the contract according to the conditions agreed upon therein and in the condition in which it was received, except for deterioration resulting from the passage of time and regular use.In short, tenants are not obligated to open the door to the landlord unless there is consent, an obligation stipulated in the contract, or a court order . The lease agreement grants the tenant the right to exclusive and peaceful use of the property, and any unauthorized intrusion may constitute trespass. The landlord retains rights to the property , but must exercise them within legal limits, respecting the tenant's privacy and legitimate possession.
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