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Landlord's Right of Entry
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Laws and regulations governing a landlord's right of entry vary by state and locality and are often spelled out in provisions of the written lease or rental agreement. The following is a general description of common rights of entry and events that trigger them. This article focuses exclusively on residential (not commercial) landlord-tenant issues.
Common Right of Entry Events
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Tenant Consent: A tenant may consent to or invite entry by a landlord or agent. Sometimes the lease agreement will include a provision stating that the tenant consents to allow landlord entry. Although local or state laws often determine to what extent this "prior" consent is effective, generally, a landlord cannot forcibly enter the property over the objection of a resident tenant.
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Emergency: Landlord's typically have an immediate right to enter during emergencies to protect lives or prevent destruction of property. If a tenant refuses or bars entry, he may be liable for the resulting damages to the property caused by such conduct.
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Necessary Repairs: Frequently, the landlord has the right to enter to make necessary repairs or assess the need for such repairs. Generally, reasonable notice (at least 24 hours in most states) must first be given to the tenant. In many states, even after notice is given, landlords may only enter during normal business hours, unless consent is given, the unit has been abandoned, or in the event of an emergency. If a tenant refuses consent and is repeatedly unreasonable in allowing entry for repairs, the landlord may be legally permitted to enter anyway, during reasonable times and in a peaceful manner.
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Showing the Unit: Landlords generally have the right to enter at reasonable times and, upon reasonable notice, show the unit to prospective tenants.
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Court Order: A court of proper jurisdiction may grant a right of entry to the landlord upon a legal showing of necessity, but the tenant usually must be given notice of the hearing on the requested order.
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Abandonment: Landlords generally have the right to enter abandoned units. How long the tenant must be gone to constitute abandonment often depends on state and local law and the circumstances. The Uniform Residential Landlord and Tenant Act specifies that a landlord has the right of entry after a tenant is absent for a period of seven days or more.
Tenant Right of Privacy
Laws in many states protect a tenant's right of privacy. As a rule, a landlord may not enter just to "check up on" a tenant and may not use the right of entry to harass the tenant. Further, a landlord may generally not enter if the tenant is inside and refusing entry.
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