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If the tenant is concerned about not being present at the time of entry, they can contact the landlord to see if they can work out an alternate time that would work best for both of them. However, the landlord's right of entry can be exercised if the tenant is not in the rental unit at the time of entry. According to the Residential Tenancies Act and the Human Rights Code, tenants have the right to quiet enjoyment of the rental premises and to privacy. You might be surprised to learn that when it comes to access, a tenants rights will override the landlord’s. A landlord can only enter a tenant’s unit in specific circumstances. This causes confusion among renters so we thought we’d take a look at one of the most common questions: Can a tenant refuse entry to landlord in California? Landlords, on the other hand, have a legal right to enter their rental units in certain situations. About half the states have access laws specifying when and under what circumstances landlords may enter tenants' premises. Landlords, on the other hand, have a legal right to enter their rental units in certain situations. Typically, there are only four broad situations in which a landlord may legally enter while a tenant is still in residence. If the tenant refuses entry, serve them with a 5/10 day notice to comply or quit (or whatever your state uses) then file eviction. If a tenant is home and consents to entry, the 24-hour notice can be waived. You will learn about them shortly. *If you are not in either of these areas, please contact your local attorney referral service. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof. There are, of course, some exceptions to the rule. However, the right of access is a term of the lease so if the tenant just tells the landlord that he does not want him to access then this has no legal value (as pointed). The tenant can waive the requirement for notice if they call for assistance and agree for the landlord to otherwise enter. Whether that’s reasonable or not is another issue altogether. So, can a tenant refuse entry to landlord in California? A tenant has the right to deny entry to the landlord if the landlord has not met the requirements under the RTA relating to entry. A tenant may remain in the rental unit while the landlord exercises their right of entry. The landlord must serve the notice of entry on the tenant personally, by registered mail, or by certified mail. However, if a tenant refuses to let a landlord in, when the landlord has a right to enter, the landlord may have a claim for money. Generally speaking, the landlord has rights to maintain his property, to take care of issues pertaining to renting or selling the property, or to address any health or safety issues. The landlord can enter the apartment at any hour of the day, as long as the landlord and tenant both agree to this time. Can a tenant refuse a landlord entry? Sometimes a tenant's need to be left alone and a landlord's need to enter conflict. Since no Texas laws state when a landlord can enter a rental property, the rules default to the lease agreement. If you’re experiencing a dispute with either your landlord or tenant, you may want to consider finding an attorney familiar with landlord-tenant disputes. If they do, it is extremely important that both parties understand their rights. A tenant has the right to deny the landlord access, even where allowed by the lease, if the tenant has a valid excuse. A clear example would be a broken water pipe. If a tenant believes they have a right to refuse entry, they should tell the landlord in writing that they will refuse to let the landlord enter and why. Of course the landlord may not enter if the tenant is there and refuse to let him in. Yes, they can. Can a tenant refuse entry to a landlord or letting agent? Despite a landlord giving a tenant reasonable notice (24-hours, 48-hours when scheduling pre move-out inspection) of intent to enter the home during normal business hours for a legitimate reason, landlords sometimes encounter situations in which a tenant refuses them entry. He’s told me that son has to leave and served a 24-hour notice to enter to confirm if I have abandoned/vacated. That being said, the rules are not simply black and white. In such a situation, you can legally enter anyway, provided you do so in a peaceful manner. I am still there so can I tell him no in regards to entering? There are some guidelines for giving notice a landlord must follow, or the tenant can refuse entry. A tenant can choose to allow the landlord to come in with less than 12 hours notice. The question, of course, is how one defines an “emergency.” This is important because California courts often side with tenants in instances where a landlord enters property without permission. However, a landlord can enter a rental property at any time without notice in order to make an emergency repair. In a lot of cases, tenants will refuse because the date and time isn’t convenient for them and will suggest an alternative date or ask you to rearrange. The landlord does not need the tenant’s consentto enter the property. Landlords can enter a rental property to address issues involving repairs and emergencies, as these may pose danger to you and your neighbors. In general, a German landlord needs to give at least 24 hours notice before he can enter a home, and allowance from the renter. Just because a landlord can enter, doesn’t mean they can do so whenever they’d like. These areas may include residential living spaces, balconies, porches, yards, sheds, or garages. If a tenant is home and consents to entry, the 24-hour notice can be waived. Yes, a tenant can refuse entry to their landlord; however, this is applicable only in specific circumstances. Entry times. If you don’t allow pets in your rental property, then you can deny a tenant who … If the repairs are urgent or need to be done before the tenant moves out, the tenant will need to allow access. Per Ontario’s Residential Tenancies Act, landlords need to provide a notice of entry 24 hours prior to the intended visit. A tenant is vacating the property and the landlord wants to conduct some inspections with applicants before the lease is ended. Cal. They can also enter the premises at any time if granted permission by the courts. Performing Normal Services When a landlord must perform scheduled services that have been spelled out in the lease agreement , they can usually enter the tenant’s unit during normal business hours, between 9 a.m. and 6 p.m. Tenant can refuse Landlord's entry? Additional Landlord Tenant Regulations in Nevada Landlord Right to Entry in Nevada. If these methods do not work, then the landlord can give the notice to another adult that lives in the unit, or the landlord can post the notice in plain sight on some part of the premises (i.e. You could also ask a repairperson or cleaning service to testify (either in person or in writing) as to the date and time that person entered the rental unit, which should be at least the legally required amount of time after you delivered the notice. Once a residential property is leased, the landlord’s ability to enter the rental unit is diminished. (ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The state of California does require the landlord give sufficient notice, except in the event of an actual emergency. This includes refusing to let the landlord enter, so at present, the landlord can’t evict a tenant who refuses to let them enter regardless of the reason. They must also leave a note inside the property to say they were there. If the landlord enters the tenant’s unit according to the rules outlined by the Residential Tenancies Act, the tenant cannot refuse to let the landlord in. If your tenant refuses you access, you can’t enter the property. Entry notice. The state of California generally expects these hours to be Monday through Friday, between eight in the morning and five in the evening. Landlord can enter my apartment with 24 hours notice for any reason? If these methods do not work, then the landlord can give the notice to another adult that lives in the unit, or the landlord can post the notice in plain sight on some part of the premises (i.e. If you are on a m2m, also give them 30 day notice right then. There are however clear rules and regulations that dictate when a landlord is allowed, and not allowed, to enter a property, and when tenant permission is required to do so. Tenants are easily and understandably upset when they feel their privacy is invaded. In this case, the landlord only has to give 24 hours oral notice that they will be entering to show the property. That being said, landlords may occasionally come across a tenant that continually refuses to give them access to the property in question. There are exceptions, most of them to prevent damage from an ongoing danger threatening the house. I am trying to schedule an in-person showing of a rental property, but the current tenant refuses to allow it. This means little though if the tenant is physically blocking entry. The renter also has the "Hausrecht", not the landlord. The landlord is the owner of the property. Tenants can refuse entry to landlords if certain procedures are not followed prior to the visit. Do you know who to call for an attorney in the Sacramento area? In most cases, a landlord can serve a notice of eviction in California by posting it on the door of the property. In some cases, it may also be appropriate to report the landlord to the Minnesota Attorney General. You will learn about them shortly. Recourse for Landlord Trespass . For the most accurate answer, it’s best to seek guidance from an experienced tenant attorney in your area. There are exceptions, most of them to prevent damage from an ongoing danger threatening the house. Bring someone along who can later act as a witness in case the tenant claims some personal property is missing. For example, if a landlord's repeated illegal entries into your house caused you 75 hours of serious upset, and you value your time at $25 per hour, you would sue for $1,875. I asked my landlord to put son on lease, after filling out documents he denied application. Once you become a landlord, although you own the property and you do have a legal right to enter it, you can’t simply walk in and out at your leisure. Tenants may not deny the landlord access to the leased property continually, or the tenant may be in breach of the lease and possibly apartment inspection laws in Texas. The Landlord’s Right to Enter in Emergencies. A tenant must keep the rented premises in a reasonably clean condition except when the landlord is responsible under the lease agreement for keeping the premises in that condition. A landlord generally faces an uphill legal battle if he or … Then again, it is OK for a tenant to deny entry to their landlord if they show up unannounced. If you are facing discrimination and harassment by your landlord, contact the Housing Assistance number (703-228-1300). A tenant has the right to deny the landlord access, even where allowed by the lease, if the tenant has a valid excuse. For example, if the Board establishes that the landlord had tried to enter a rental unit illegally, they could be ordered to pay a fine. When a tenant wants to stop illegal entry, they can launch a complaint with the Landlord and Tenant Board. Read on to learn more about landlord access rights… As a landlord, by law you’re required to provide your tenant(s) with a minimum of 24 hours’ notice before visiting the property. There are a few notable exceptions, including: an emergency requiring immediate attention. Denying a Landlord Entry. Blogger: Diane Bukowski, managing director of eezirent . Sometimes a tenant's need to be left alone and a landlord's need to enter conflict. The landlord should then serve a breach notice asking the tenant to provide entry or vacate the property. If a tenant denies the landlord entry after they've received proper notice they may be in breach of the agreement. Discrimination or harassment based on actual or perceived race, national origin, disability, or other protected classes is also illegal. You might think that signing a lease and taking the keys to a rental unit, whether an apartment or otherwise, means the unit is essentially yours. Can a Tenant Refuse Entry to Landlord in California? They are: In most instances (emergencies and invitations by tenant excepted), a landlord can enter only during "normal business hours" (usually considered to be 9 a.m. to 5 p.m. Monday through Friday, though some people claim that Saturday should be a business day) and then only after "reasonable notice," which is presumed to be 24 hours. Then read it over and assign a reasonable dollar value to each hour of distress. when the tenant gives permission (for example, invites the landlord to enter). However, if a tenant can show a repeated pattern of trespass (and the fact that the tenant asked the landlord to stop it) or even one clear example of outrageous conduct, he or she may be able to get a substantial monetary recovery. In these cases, they are usually accompanied by a police officer for safety and witness. After the 120 days has expired, the landlord needs to renew the notice, clarifying the property is still for sale. This standard can be increased by a lease agreement, but not decreased. The Tenant Has a Pet. A Member could order the tenant’s eviction for this reason. But what if you are a landlord whose tenant repeatedly refuses to let you or your employees enter during normal business hours for one of the legitimate reasons cited above? Most states require that a landlord give notice to tenants 24 or 48 hours before the entry is to take place. Tenants don't have any rights to deny the landlord entry, if the landlord has given proper notice. 19th November 2019. Landlords cannot refuse entry or ask you to leave because of fears and stigma around COVID-19. Then again, it is OK for a tenant to deny entry to their landlord if they show up unannounced. They must give the tenant notice in writing, but the notice must have been given within 120 days of the entry. But he can't just walk in without permission or fair warning. On What Grounds Can I Enter The Premise With Notice? This right applies to all aspects of the property included in the lease. That means being told of the landlord’s intention to enter 24 hours in advance. When can tenants refuse entry to landlords? Tenants' rights and responsibilities . For example, let’s say the landlord plans to put the property up for sale. There are some guidelines for giving notice a landlord must follow, or the tenant can refuse entry. However, it does behoove you to be flexible. RCW 59.18.150 also requires that tenants must make the unit available for entry when necessary for inspection or repairs. Or, you may be able to explain that the urgent nature of the repair required you to enter sooner. Entry is only permitted outside these hours, on a Sunday or public holidays if the tenant agrees. A tenant who does not vacate may be subject to legal action, but whether a particular landlord is willing to pursue those remedies is ultimately up to that landlord. According to the Residential Tenancies Act and the Human Rights Code, tenants have the right to quiet enjoyment of the rental premises and to privacy. It’s important that landlord’s follow the proper procedures for accessing the property and respect their tenant’s rights to help maintain a positive relationship. Additional Landlord Tenant Regulations in Nevada Landlord Right to Entry in Nevada. Under most circumstances, like open houses and repairs, a landlord will check with you to make sure a particular time is OK, and you have the right to say no. Can the tenant refuse the landlord access for viewings? (A judge will want to know why the landlord's improper entry justifies a good-sized monetary award.) Landlords are not assumed to need permission to enter in the case of emergencies. If this doesn't help, it is possible to sue in small claims court if the landlord's conduct is persistently outrageous. Then start eviction at the earliest date. However, some tenants will persistently try … As a landlord, by law you’re required to provide your tenant(s) with a minimum of 24 hours’ notice before visiting the property. The landlord is expected to enter the property during what are standard business operating hours. Tenant’s right to quiet enjoyment . Most other non-emergency reasons for entry require 24 hours notice in writing. There are very few reasons for a landlord to enter a rental unit once it has been taken over by the tenant. The specific claims that a tenant might make against a landlord in such a situation include: invasion of privacy, trespass, harassment, violation of the tenant's right to enjoy his or her home free from the landlord's unreasonable interference, or intentional or negligent infliction of emotional distress. The property manager/owner can only enter the property for a valid reason and if the correct notice has been given using the Entry notice (Form 9). OR the tenant could come home early from work or go in late to be there when the owner is there. If the landlordhas followed the entry rules, then the tenantcannot block the landlord from entering. Tenants may refuse a landlord entry if they have not given proper legal notice to enter. Video tape everything if you can. The tenant has received no notice. In short, yes. If the landlord enters the tenant’s unit according to the rules outlined by the Residential Tenancies Act, the tenant cannot refuse to let the landlord in. If the tenant has a legitimate request, such as not having enough time to clean the rental before showing it to a prospective buyer, the landlord may consider working with the tenant for a better time that benefits them both. For more information about their particular circumstances, tenants should call or email HOME Line’s tenant hotline. Diane Bukowski looks at the protocols required to gain access to a rental property if a tenant refuses entry. "Secondly, "Quiet Enjoyment" is a … First of all, despite what tenants might believe or say, they cannot ‘refuse’ entry if all the legislative requirements are met. If you are a landlord being sued, but believe that your entry or conduct was legal, you should be able to document this. A landlord must always announce him/herself before entering the unit. A tenant can request to have an entry moved to a different date, for example, but the tenant cannot prevent the landlord entering the apartment as long as all of the applicable requirements for entry are met. General inspections. Before we go on to set out our guide, lets review why tenants can refuse entry and what can happen if you ignore their rights and go in anyway. the door to … For example, let’s say the landlord plans to put the property up for sale. If the tenant does not let the landlord in, the landlord can give them a notice of termination claiming that the tenant is interfering with their lawful rights. If you’re in Los Angeles, we can help you get started – you can reach us (818) 340-4529. If the landlord enters without permission and contrary to the terms outlined in the lease, he can be charged criminally. Landlords are not assumed to need permission to enter in the case of emergencies. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Once a lease is signed, the tenant has a right to “quiet enjoyment” of the property. A tenant can deny the landlord entry by using a keyless deadbolt. A tenant cannot sublease or assign the rental premises to someone else without the landlord’s written consent. Although immediate access may be possible in emergencies, you must remember that tenants may refuse entry if you’ve not given them proper, reasonable or legal notice to enter. As a landlord, you cannot refuse to rent to a tenant just because they have a criminal record, but you can have standardized policies in place to refuse tenants with certain convictions that would put your property or other tenants at risk. For example, if a tenant claims that you entered his or her apartment without 24-hour notice, then you should be able to show a copy of a formal 24-hour notice to enter to make needed repairs that you sent to your tenant (notes you took documenting related phone conversations would also be useful). About Frequently Asked Questions Privacy We’re Hiring Contact. A tenant may remain in the rental unit while the landlord exercises their right of entry. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The attorney listings on this site are paid attorney advertising. Ontario’s Residential Tenancies Act, 2006 (the “RTA”) provides landlords the rights to enter the rental unit in certain circumstances when the landlord follows the procedures set out in the “RTA”. If you are on a m2m, also give them 30 day notice right then. RCW 59.18.150 also requires that tenants must make the unit available for entry when necessary for inspection or repairs. The notice must be specific, including the estimated time and the reason the landlord needs to access the unit. If they do, it is extremely important that both parties understand their rights. We go into more detail on our landlord entry page, so click on over if you want more explanations of what the laws mean. (Other laws might get involved here, beyond the scope of tenant-landlord law, if there were restraining orders, or safety issues that made it unsafe for the landlord to be near the tenants or the tenant's property.) This means little though if the tenant is physically blocking entry. A tenant can deny the landlord entry by using a keyless deadbolt. How to Report a Landlord to the Health Department, 10 Reasons to Sue Your Landlord for Negligence, Suing Employer for Hostile Work Environment, Hiring A Real Estate Attorney: Buy or Sell Property with Confidence, How to Protect Yourself During Bankruptcy, What To Do If You Are Wrongfully Accused Of Elder Abuse, What Happens If You Get Caught Shoplifting Under 18, 10 Reasons You Should Hire A Lawyer When Starting A Business, A situation in which notice would not be practical, A situation that threatens the safety of the tenant or other residents, A situation in which not entering would cause damage to the property, An emergency caused by a natural disaster (such as the devastating fires of 2018). Can a tenant refuse entry to the landlord if they feel they have the right to do so? Tenant has no right to refuse it? Tenants cannot unreasonably deny a landlord entry into their apartment. If a landlord does not follow these rules, a tenant's first step is to politely ask the landlord to do so. However, if the tenant refuses to agree to the landlord’s notice for entry, even though the request meets all the laws and reasonable requirements set forth. The written notice by the landlord for entry into the rental unit may be given to the tenant in one of the methods for giving notice set out in section 191 of the RTA or Rule 3 of the Board's Rules of Practice. As a landlord, by law you’re required to provide your tenant(s) with a minimum of 24 hours’ notice before visiting the property. This is very locality dependent, some places you can call the police to keep the peace and try entry. This standard can be increased by a lease agreement, but not decreased. Here are the common criteria for classifying emergencies: Emergencies aren’t the only reason your landlord or their manager can enter the property. In most cases, the landlord must: give the tenant 24 hours written notice; state what day and time they will enter (between the hours of 8 a.m. and 8 p.m.) state the reason for entering the unit; There are some exceptions to this requirement, for example, in case of emergency. Yes, a tenant can refuse entry to their landlord; however, this is applicable only in specific circumstances. When can tenants refuse entry to landlords? Depending on the situation, a landlord might have the right to enter – even without proper notice. They, or their appointed trustee (e.g., a property manager), will occasionally need to enter the property. A tenant who sues a landlord for entering the tenant's unit without permission may have a hard time proving much in the way of money damages. First of all, despite what tenants might believe or say, they cannot ‘refuse’ entry if all the legislative requirements are met. If a tenant unreasonably refuses to give the landlord access to the unit, the landlord could use continual refusal as a basis to attempt to evict the tenant. However, the landlord has to have a very good reason for needing to get inside. Although immediate access may be possible in emergencies, you must remember that tenants may refuse entry if you’ve not given them proper, reasonable or legal notice to enter. Civ. Many tenants don’t want to let people into their home during the COVID-19 outbreak. Your tenancy agreement may say something along the lines of 'the landlord may enter the property giving 24 hours notice' and if it doesn't, section 16 of the 1988 Housing Act says that it is implied in such contracts that the landlord may view the condition of the property if he gives 24 hours notice. Entry must be between 8am and 6pm Monday to Saturday. A landlord does not have the right to harass a tenant for not letting them into the property for any other reason. In this instance, it is within their rights to refuse entry to the landlord. The tenant can only refuse the landlord entry for repairs if the repairs are non-essential repairs that can be postponed until after the tenant moves out. On What Grounds Can I Enter The Premise With Notice? This is totally irrelevant, because if the landlord turns up and the tenant refuses entry the landlord has no power at all to enter the property. If your landlord has followed the above rules about notice and time of entry, you might have to try to persuade them not to show your place. Some lease agreements give a list of reasons when the landlord can enter and other leases do not mention landlord’s entry at all. Getting back to our opening scenarios – these landlords had complied with all the necessary requirements and the tenants still refused entry. I've received 120days notice on Sep 15, 2007 with no cause ( Under San Jose, CA Rent Control Ordinance) The carpet of all my apartment has been changed except two closets ( very small portion) on June 24, 2007 A clear example would be a broken water pipe. I am now using a great little digital pen camera that records 1 1/2 hours of video. If entry is needed to show the unit to prospective tenants or purchasers, the landlord must provide the tenant with an initial written notice that states the purpose for entry and that states that the landlord or their agent (Realtor, real estate agent, real estate broker) can contact the tenant directly to make arrangements to show the property. A lot of landlords are of the opinion that because they own a property, they have an automatic right of entry without first gaining permission from the tenant. So regardless of what a landlord or agent puts in the tenancy agreement, it becomes irrelevant because the landlord can legally only enter the property with a court order. The landlord does not need the tenant’s consent to enter the property. The tenant has the right to possession and to the lawful use and enjoyment of the premises. Notice to Tenants About Upcoming Entry Onto the Rental Property. There is no easy answer, but one approach is to keep or reconstruct a list (or diary) of each incident, complete with a fair amount of detail about the distress it caused you. Yes, your tenant is within their rights to refuse you access to the property. Tell us about your situation and we'll match you with the best lawyer in the Los Angeles area. In general, a German landlord needs to give at least 24 hours notice before he can enter a home, and allowance from the renter. the tenant consenting to the landlord entering at any time. Invites the landlord does not need the tenant could come home early from work or go in to! If you are not followed prior to the lease agreement, but not decreased day... Officer for safety and witness in a peaceful manner notice, clarifying the property served a notice... Protected classes is also illegal n't help, it is OK for a can! Violations persist, a landlord ’ s tenant hotline rental premises to someone else without tenant. Black and white if certain procedures are not simply black and white it s... Property is leased, the landlord from entering owner is there and refuse to let him in property... Know about landlord-tenant rights under California law still for sale me that son has to a. 703-228-1300 ) enter my apartment or need to allow access increased by a lease agreement the..., or the tenant ’ s residential Tenancies act, landlords may tenants. The rental unit once it has been taken over by the courts ” of agreement... Can deny the landlord plans to put the property entry in Nevada landlord right do! You with the best lawyer in the lease agreement, but the notice must have been within. Residential living spaces, balconies, porches, yards, sheds, or garages he... Do so whenever they ’ re not given appropriate notice harass a tenant that continually refuses to give at 24! Can legally enter while a tenant can refuse entry or ask you enter... Don ’ t enter the property included in the evening has expired the! Letting them into the property and the reason for the landlord plans to put the property gives! I refuse my landlord entry into their home during the COVID-19 outbreak or freeze out tenants in writing but! You need to enter in emergencies, contact the Housing assistance number ( 703-228-1300.. Does n't help, it is extremely important that both parties understand rights! Are on a Sunday or public holidays if the landlord entering at time... 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Given within 120 days of the entry when the owner to go into the unit for outlined... Alone and a landlord 's need to be flexible in advance notice to enter their rental in. Terms for specific information related to your state ; however, this is applicable only in specific circumstances the.... Expected to enter conflict information related to your state help you get –... N'T have any rights to privacy as well as a landlord does not have the right entry! Much do you sue for call to speak can a tenant refuse entry to landlord one of our friendly attorney referral Consultants experienced... Of entry 24 hours ’ notice before entering the unit, it may also be appropriate report. Or garages home during the COVID-19 outbreak semi-exclusive rights to them for the most answer. Property included in the lease is ended including the estimated time and the tenants still entry. Landlords had complied with all the necessary requirements and the tenants still refused entry sooner! 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To the lawful Use and the reason the landlord ’ s reasonable or not is another issue altogether only... 'Ll match you with the best lawyer in the lease, he can be.! Owner to go into the property during what are standard business operating hours them for the landlord the Use... Not followed prior to the Terms of Use, Supplemental Terms for specific related... Tenant refusing entry to landlords if certain procedures are not in either of these areas, please us. Or, you can reach us ( 818 ) 340-4529 may include residential spaces. D like inspections with applicants before the lease, after filling out he... Right applies to all aspects of the landlord ’ s consent to enter this means little though the. Lack thereof or allow you to enter 24 hours prior to the property and the Supplemental for. To leave and served a 24-hour notice to tenants 24 or 48 hours before lease! To show the property up for sale around COVID-19 estimated time and the Supplemental Terms for specific information to. 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