# Can someone define "abuse the right of access"? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 14, 2017, 6:15pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963 "2017-06-14T18:15:09Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Barack\_Obama](https://avatars.discourse-cdn.com/v4/letter/b/dc4da7/32.png) [@Barack\_Obama](https://boards.straightdope.com/u/Barack_Obama)\ **Post date:** [June 14, 2017, 6:15pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/1 "2017-06-14T18:15:09Z")
SC Code of Laws CHAPTER 40, Residential Landlord and Tenant Act, ARTICLE 1, SECTION 27-40-530 © A landlord shall not abuse the right of access What would count as abuse? Do privacy laws prevent landlords from opening drores? This is my main concern. I know the landlord can legally come into the house im leasing, however can they check my drores, can they go through my closet, and to what extent are they allowed to inspect my home? Questions I need answered directly or explained. 1. If my landlord happens to see paperwork and reads said paperwork, is that abuse of access? 2. If he goes through my drores is that abuse of access? 3. If they touch my personal property such as firearms, is that abuse of access? 4. If any of the above counts as abuse and they commit the abuse, then what would help my lawyer build a case? Of course I know I should record and follow them, but is there anything else I may need? ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [June 14, 2017, 6:34pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/2 "2017-06-14T18:34:22Z")
**Moderator Action** The first three questions are factual, but question 4 likely requires legal opinions. Since the overall post is about a specific legal issue, let’s move this to IMHO where all of the questions can be answered and legal opinions and advice can be given. Moving thread from GQ to IMHO. ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [June 14, 2017, 7:44pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/3 "2017-06-14T19:44:36Z")
What the hell are drores? ---
**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\ **Post date:** [June 14, 2017, 8:05pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/4 "2017-06-14T20:05:26Z")
> [@Gary\_T](#): > > What the hell are drores? Secret muslim spelling of drawers. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [June 14, 2017, 8:19pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/5 "2017-06-14T20:19:23Z")
> [@naita](#): > > Secret muslim spelling of drawers. Well, if the landlord is looking into your drawers, I would think that comes under the criminal law – peeping or other sexual improprieties! ---
**Author:** ![yellowjacketcoder](https://avatars.discourse-cdn.com/v4/letter/y/4bbf92/32.png) [@yellowjacketcoder](https://boards.straightdope.com/u/yellowjacketcoder)\ **Post date:** [June 14, 2017, 8:35pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/6 "2017-06-14T20:35:17Z")
IANAL, so take this with the appropriate sized grain of salt. The landlord needs to be able to get into each room of the rental, so leaving your sex toys on the bedroom nightstand is contraindicated. However they aren’t allowed to go through your stuff. But that doesn’t mean they can’t read something you left in plain view. So. 1. If you leave a contract on the kitchen table, they can read the front page, but they probably aren’t supposed to shuffle through the papers. 2. No, they shouldn’t be opening cabinets, dressers, drawers (seriously, did you actually think it was drors!?). They can probably open closets but they shouldn’t be pawing through your clothes. Common sense exception are things like if they need to get under the sink to check the disposal they’ll open that cabinet, or if they need to check a window they’ll move the curtain in front of it. 3. They probably shouldn’t be touching your stuff. 4. audiovisual recording is your friend. ---
**Author:** ![Barack\_Obama](https://avatars.discourse-cdn.com/v4/letter/b/dc4da7/32.png) [@Barack\_Obama](https://boards.straightdope.com/u/Barack_Obama)\ **Post date:** [June 14, 2017, 8:44pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/7 "2017-06-14T20:44:47Z")
> [@yellowjacketcoder](#): > > IANAL, so take this with the appropriate sized grain of salt. > > The landlord needs to be able to get into each room of the rental, so leaving your sex toys on the bedroom nightstand is contraindicated. However they aren’t allowed to go through your stuff. But that doesn’t mean they can’t read something you left in plain view. So. > > 1. If you leave a contract on the kitchen table, they can read the front page, but they probably aren’t supposed to shuffle through the papers. > > 2. No, they shouldn’t be opening cabinets, dressers, drawers (seriously, did you actually think it was drors!?). They can probably open closets but they shouldn’t be pawing through your clothes. Common sense exception are things like if they need to get under the sink to check the disposal they’ll open that cabinet, or if they need to check a window they’ll move the curtain in front of it. > > 3. They probably shouldn’t be touching your stuff. > > 4. audiovisual recording is your friend. Thanks for the information. Also drores is in my spell check and I can’t remove it. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [June 14, 2017, 11:14pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/8 "2017-06-14T23:14:03Z")
> [@Barack\_Obama](#): > > Also drores is in my spell check and I can’t remove it. I learned a new word today. I’m sure I shall have much use for it. Thanks! From [urbandictionary.com](http://www.urbandictionary.com/define.php?term=Drore): > [@](#): > > a drug addicted whore > > dude you were so drunk last night you almost hooked up with that drore. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [June 14, 2017, 11:35pm UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/9 "2017-06-14T23:35:42Z")
As is usually the case in these situations, the statute you cite gives you most of your answer (since it explains what “abuse of access” is): > [@](#): > > (a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. > > (b) A landlord or his agent may enter the dwelling unit without consent of the tenant: > > (1) At any time in case of emergency-prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency; > > (2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or > > (3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services. > > (c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times. > > (d) A landlord has no other right of access except: > > (1) pursuant to court order; > > (2) as permitted by Sections 27-40-720 and 27-40-730; > > (3) when accompanied by a law enforcement officer at reasonable times for the purpose of service of process in ejectment proceedings; or > > (4) unless the tenant has abandoned or surrendered the premises. > > (e) A tenant shall not change locks on the dwelling unit without the permission of the landlord. So, having read the statute in context (and, admittedly, having only done so by googling, and not having reviewed S.Carolina laws that might interpret this statute, and without being personally familiar with such laws), it would seem that the “abuse of access” concerns when the landlord comes into the home, for what purpose, and whether the landlord has given notice. [By the way, for those following along, section 27-40-720 and 27-40-730 concern “noncompliance affecting health and safety” and “remedies for absence, nonuse, and abandonment”] Thus, your concerns about what specific snooping the landlord might be doing once they are in your home isn’t covered by the “abuse of access” you are concerned about. Generally, though, the landlord will be able to see things that are in plain sight, but doesn’t have a right to go rifling through your things. Note, though, that I said “generally”. Don’t think that your kiddie porn, M80 fireworks, Meth Lab, and stockpile of weapons are safe because they are in a drawer… ---
**Author:** ![SpoilerVirgin](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@SpoilerVirgin](https://boards.straightdope.com/u/SpoilerVirgin)\ **Post date:** [June 15, 2017, 12:15am UTC](https://boards.straightdope.com/t/can-someone-define-abuse-the-right-of-access/788963/10 "2017-06-15T00:15:53Z")
My landlady called me last to tell me that they will be replacing one of my windows today, and will be accessing my apartment to do so. I wasn’t too concerned, but I did put away both my personal and work computers, which I normally leave out and turned on, and my medications (not that I think they care if I have high blood pressure and allergies, but I still didn’t feel comfortable leaving them sitting out). I also put away some stray cash. I trust my landlady completely, but you never know about the window installer.