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It amazes me how many people so willingly and joyfully surrender their 4th and 5th amendment rights! No, you do not have to let them in. No, not everyone who refuses is guilty of something, some just don't like strangers in their house. Yes, they can get a warrant, but they will need some reason to convince a judge you are doing something wrong, not just "tax purposes". You have a RIGHT to refuse them entry, it is an unreasonable search of your property.
no one can enter your home except
1. with your permission
2. with a warrant
3. a police officer in close pursuit
its up to the town to prove you have an illegal apt. any information you give them will be used against you. In the U.S of A your inocent until proven guilty. you don't have to exonorate yourself for anyone. getting the warrant is no easy thing
Perhaps after the present IRS scandal is settled the rules regarding a building dept will be re written.Lets hope so for the better and the home owners rights.In the mean time call your local elected officials with any complaints
True Story:
A neighbor was reported for having an illegal apartment, which she did. She did not get any notice but an inspector showed up one day. The inspector asked the illegal tenant for entrance into the illegal apartment. Within 1 month the illegal tenant was looking for a new residence!
While I agree in principle wholeheartedly that you have the right to deny them access, in practice, one never knows the ramifications of doing so and I personally would rather deal with what I know as opposed to what I don't know. Just read through any thread dealing with permit issues and you can see the hell people have gone through.
While I agree in principle wholeheartedly that you have the right to deny them access, in practice, one never knows the ramifications of doing so and I personally would rather deal with what I know as opposed to what I don't know. Just read through any thread dealing with permit issues and you can see the hell people have gone through.
Exactly. Sure, a homeowner can refuse entry but the inspector no doubt has unique ways of getting 'even' at a later date. Unless a homeowner plans on dying in the house and/or never selling it, making the building inspector's life hard now will likely make for a miserable selling experience down the road.
The typical homeowner does not have to submit to warrantless inspections. They send you that letter with all the legal gumbo on it. Here is the leading court case regarding your questions. Make them get a warrant.
True Story:
A neighbor was reported for having an illegal apartment, which she did. She did not get any notice but an inspector showed up one day. The inspector asked the illegal tenant for entrance into the illegal apartment. Within 1 month the illegal tenant was looking for a new residence!
This is different. The inspector was granted access.
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Warrantless searches
