Do you need to enter your tenant’s rental unit? Do you need to inspect the unit or address any repairs? Is there an emergency situation like a burst pipe?
When you sign a lease with your tenant, you are giving your tenant exclusive rights to the rental unit. In most cases, this means the tenant must consent to you entering. State laws dictate how you should handle providing notice to your tenants and gaining consent.
There are some exceptions to this. Let’s go back to the broken pipe. What if your tenant is out of town and you can’t get a hold of them. You can’t let that go unchecked and cause more damage to your property or to your tenant’s property. The good news is most states allow contingencies for you to handle these emergency situations.
While each state handles landlord access in different ways (we have a table below that summarizes these differences), there are some common themes. Let’s take a look at these principles and laws that influence landlord access.
Tenant’s Right to Privacy
First, and foremost is a tenant’s right to privacy. Tenants have a right to control who enters their space. They also have a right to not be harassed by their landlords.
A tenant’s right to privacy states that a landlord must have a valid reason for entering the rental unit and provide sufficient notice to the tenant. State laws and the rental agreement together specify these terms in concrete detail.
Imagine yourself as a tenant for a moment. Would you like your landlord to show up without notice and ask to enter your unit? I don’t think so. It’s common courtesy to clearly communicate your intentions with your tenants.
In addition to managing the relationship with your tenants, there are legal issues if you don’t abide by the tenant’s rights. Most states specify legal recourse for tenants who have had their right to privacy violated. Therefore, it is crucial that you understand the state laws protecting a tenant’s right to privacy.
Landlord’s Rights and Responsibilities
Balancing the tenant’s right to privacy are the landlord’s rights.
Most states provide landlords with the right to enter a rental unit by specifying an amount of advance notice (typically 24 to 48 hours) and the situations in which a landlord may enter. Most state laws also require tenants to provide consent for a landlord to enter for valid reasons.
Does this sound similar to the tenant’s right to privacy? That’s because it is. Many state laws specify landlord access under the tenant’s rights and responsibilities.
But what about your responsibilities as a landlord? You are responsible to create and maintain a safe, clean, and habitable property. You must also ensure all services like water and electricity are in working order.
Your responsibilities lend themselves to valid reasons to enter a rental unit. There are often times you need to repair or inspect the unit to ensure safe and proper working condition of the unit and the amenities.
Reasons a Landlord May Enter a Rental Unit
So, what constitutes a valid reason for entering a rental unit?
Your responsibilities as a landlord require you to ensure your rental units are safe, clean, and habitable. With this requirement, there may be many reasons you need to enter a rental unit. Here is a list of the most common reasons.
- Inspections
- Repairs
- Emergencies
- Abandonment
- Court Order
- Showing to Prospective Tenants or Purchasers
- Address Health or Safety Concerns
There may be other reasons, but the key is to ask is the entry necessary. The last thing you want is a tenant to allege harassment. For this reason, it is important that you document all dates, times, reasons, and notices of entry.
How to Provide Notice of Entry for a Rental Unit
Ok, you now have a reason that you need to enter a rental property. How do you provide notice of entry?
The first step to entering a rental unit is to provide a notice of entry to the tenant. The notice should include the date, time, and purpose for the intended entry. Some states allow the notice to be in person or over the phone, but it is best to keep documentation of the intended entry and provide it in writing.
If the purpose of the entry is reasonable and valid, the tenant cannot deny you access. Does this mean they must accept your proposed date and time? Not exactly. Your tenant may reasonably request a different date and time.
If the tenant requests reasonable accommodation, we suggest you work with them on an agreeable time for you to enter the rental unit. Managing the relationship with your tenant is important; the more reasonable you are with them, the more reasonable they will be with you.
Can a Landlord Enter a Rental Unit Without Notice?
The formality of a notice to enter is great for documenting interaction and managing the relationship with your tenants. But what if there is an emergency? What about a safety issue that could cause injury to someone?
State laws allow entry into a rental unit without notice to the tenant in certain situations. These vary by state, but the most common reasons are emergency, court order, suspected abandonment, or failure of the tenant to address safety concerns. We have summarized the scenarios by the state in the table below.
After you have entered the rental unit without notice, you should provide your tenant with documentation stating the date, time, and purpose of entry. Some states require you to do this. But even if your state doesn’t, it is still a good idea.
How Much Notice Does a Landlord Need to Give Before Entering a Rental Unit?
Ok, you have a purpose for entering a rental unit and you are ready to give a notice of entry. But how much notice do you need to give?
State laws dictate the amount of notice required to enter a rental unit. The amount of notice varies by state, typically between 24 and 48 hours. Some states either don’t specify an amount of time or specify “reasonable notice”. In these cases, 24 to 48 hours is generally agreed as reasonable.
It is also a good idea to specify landlord entry requirements in your lease agreement. This is particularly important in states that don’t have laws governing landlord access as it clearly communicates your expectations with the tenant.
Whether or not your state laws cover landlord access, your lease agreement should state how you intend to provide notice. It should also specify any regular inspections or maintenance that you perform including the approximate dates for these to be performed.
Before providing notice to entry, you should familiarize yourself with your specific state laws. We have summarized the notice requirements by state. Click on the link in the state name to see the state law governing landlord access.
| State | Notice Required | Entry Without Notice |
|---|---|---|
| Alabama | 48 hours | Emergency, court order, failure to maintain which affects health and safety if the tenant fails to comply in 7 days, abandonment, show to prospective tenant or purchaser provided prior agreement with the tenant and within 4 months of the expiration of the rental agreement |
| Alaska | 24 hours | Emergency, court order, abandonment |
| Arizona | 48 hours | Emergency, court order, abandonment |
| Arkansas | Not specified by law | |
| California | 24 hours | Emergency, if the tenant is present and consents to entry, abandonment, oral agreement for repairs or services, oral agreement to show prospective purchaser provided written notice has been given within 120 days |
| Colorado | Not Required, most landlords provide 24-48 hours | Emergency, repairs, show prospective tenants |
| Connecticut | Reasonable Notice | Emergency, extended absence |
| Delaware | 48 hours | Emergency, showing to prospective tenant or purchaser if tenant agrees in writing |
| Florida | 12 hours | Emergency, tenant unreasonably withholds consent, if tenant is absent for more than 1/2 of the time of the periodic rental payments, for the protection and preservation of the premises |
| Georgia | No laws pertaining to landlord access | |
| Hawaii | 48 hours | Emergency, court order, abandonment |
| Idaho | No laws pertaining to landlord access | |
| Illinois | No laws pertaining to landlord access | |
| Indiana | Reasonable Notice | Emergency, court order, abandonment |
| Iowa | 24 hours | Emergency |
| Kansas | Reasonable Notice | Extreme hazard involving potential loss of life or severe property damage |
| Kentucky | 48 hours | Emergency, court order, failure to maintain within 14 days of notice, absence in excess of 7 days |
| Louisiana | Not specified by law | |
| Maine | 24 hours | Emergency |
| Maryland | No laws pertaining to landlord access | |
| Massachusetts | Not specified by law | Court order, abandonment |
| Michigan | No laws pertaining to landlord access | |
| Minnesota | Reasonable Notice | To prevent injury to persons or property, to determine a resident’s safety, to comply with local ordinances regarding to unlawful activity |
| Mississippi | No laws pertaining to landlord access | |
| Missouri | No laws pertaining to landlord access | |
| Montana | 24 hours | Emergency |
| Nebraska | 24 hours | Emergency, court order, absence in excess of 7 days |
| Nevada | 24 hours | Emergency, court order, abandonment, failure to maintain within 14 days of notice, absence in excess of 7 days |
| New Hampshire | Reasonable Notice | Emergency |
| New Jersey | 24 hours (only applicable for buildings with more than 3 units) | Emergency, court order |
| New Mexico | 24 hours | Emergency, court order, abandonment, absence in excess of 7 days |
| New York | No laws pertaining to landlord access | |
| North Carolina | No laws pertaining to landlord access | |
| North Dakota | Reasonable Notice | Emergency, abandonment, substantial violation of the lease agreement |
| Ohio | 24 hours | Emergency |
| Oklahoma | 24 hours | Emergency, court order, abandonment |
| Oregon | 24 hours | Emergency, court order, abandonment, absence in excess of 7 days |
| Pennsylvania | No laws pertaining to landlord access | |
| Rhode Island | 48 hours | Extreme circumstances, emergencies, abandonment, court order, failure to maintain within 20 days of notice |
| South Carolina | 24 hours | Emergency, court order, abandonment, failure to maintain within 14 days of notice |
| South Dakota | No laws pertaining to landlord access | |
| Tennessee | Not specified by law | Emergency, utility shut off due to no fault of the landlord, abandonment, deceased/incapacitated/incarcerated tenant, failure to maintain within 14 days of notice, absence in excess of 7 days |
| Texas | No laws pertaining to landlord access | |
| Utah | 24 hours | Exceptions specified in rental agreement |
| Vermont | 48 hours | Imminent danger to person or property |
| Virginia | 24 hours | Emergency, court order |
| Washington | 48 hours, 24 hours for showing prospective tenants | Emergency, court order, abandonment |
| West Virginia | No laws pertaining to landlord access | |
| Wisconsin | Reasonable Notice | To preserve or protect the premises |
| Wyoming | No laws pertaining to landlord access |
Summary
So, what do you need to know before entering a rental unit? Here are the key points.
- Know your state laws and the terms of your rental agreement.
- Provide sufficient notice (generally 24 to 48 hours) to your tenant, preferably in writing.
- Provide the date, time, and purpose of the intended entry.
- Save copies of your notice to entry for your own documentation.
- Be reasonable with your tenant and accommodate their requests for the time of entry if possible.
Remember that managing your relationship with your tenant should be a priority. Be reasonable and accommodating with them and your job as a landlord will go much more smoothly.
What processes do you have in place to enter a rental property?