When Do Landlords Have a Legal Right of Entry to Rental Units?

The relationship between a landlord and a tenant is essential to everyone, but it can be tenuous—especially when the lines between the private and professional are blurred. Every tenant is entitled to privacy in a rented property, and their landlord must allow them to enjoy their peace. 

That being said, there are situations where a tenant should allow their landlord to enter the property — like fixing a roof or installing a new security system. Generally, these situations include:

• Maintenance and emergency repairs
• Dealing with other pressing issues
• Showing the property to a potential future occupant

With this in mind, the question is: When do landlords have a legal right of entry to the property they own and/or manage? 

Can a Landlord Enter The Property Whenever?

In the United States, this isn’t always a clear-cut legal question. Landlords should have access to their property when their request to enter is reasonable—like making upgrades or repairs—but they must also abide by existing property access regulations. In most cases, these matters are regulated by state and local governments. 

With that in mind, it should be noted that these rules can vary depending on your location. However, a few rules are found in most statutes — so we’ll explore them below.

Legal Right of Entry to Rental Units: When Can A Landlord Enter?

Regardless of the jurisdiction in question, a landlord generally can’t enter a rented property whenever they wish. There are, however, situations where a right of entry is enforced and considered reasonable. Local landlord-tenant regulations outline circumstances when this is considered acceptable, and they include:

• Complying with law enforcement — when access to a tenant or their dwelling is requested by federal, state, or city law enforcement officials.
• With explicit permission — when a tenant clearly states that a landlord may enter the rented property.
• Showing the property—when the landlord is supposed to show the property to potential buyers or future tenants. That also includes situations where the landlord shows the property to a mortgage company or another interested party.
• Suspecting violations — when the landlord believes a tenant is violating a term outlined in their lease.
• Suspecting damage — when the landlord believes the property has sustained damage, regardless of whether it’s the tenant’s fault.
• Making repairs or changes — when the landlord needs to make repairs or provide access to third parties who will conduct the repairs.
• Other emergencies.

Some Caveats

While the abovementioned situations make landlord access valid, in most states, the landlord usually can’t access the property without prior notice, at least 24 hours in advance. 

For instance, if you need to bring or remove a piece of furniture as agreed to with the tenant, you can get help from furniture movers and ask for a specific date when they’re available. Professional movers can ensure that heavy or bulky items are transported safely and efficiently, preventing damage to the property and minimizing disruption. After that, give your tenant 24 hours’ notice and agree on a good time to enter the property.

A lease agreement may also contain other specific situations where the legal right of entry is established. For example, more frequent inspections of plumbing or heating systems may be necessary, depending on the state of the property.

Providing Notice

As mentioned above, tenants are generally entitled to prior notice before the landlord has a legal right of entry. The precise period varies depending on state and local regulations and the lease agreement. However, 24 hours is usually considered acceptable.

Even with prior notice, landlords must abide by certain limitations. Regardless of their right of entry, most jurisdictions state that they can normally only enter the rented property during business hours. 

Of course, business hours vary by location, but on regular workdays, they are usually 9 AM to 5 PM. There are exceptions, such as requests from law enforcement officials or emergencies. 

During an obvious emergency, the need for an official notice before entry is usually waived. These include structural damage, extreme water leaks, or fire. 

Other Reasons To Enter Without Notice

Remember that there are other situations where a landlord has a legal right to enter without prior notice. 

If you believe the rented property has been abandoned, you may be able to enter without notice. Depending on the jurisdiction, the steps to ensuring abandonment may vary. However, in most cases, if you provide a written notice and it goes unanswered for a certain amount of time, you are free to enter. Still, other legal steps may be required depending on your location. 

In legal terms, abandonment is distinct from eviction and shouldn’t be confused. While eviction needs the landlord’s official involvement, abandonment can occur without your knowledge. 

Also, the property may be abandoned even if the previous tenant left some personal belongings inside. A rental property is usually considered abandoned if it has been uninhabited for a long period. 

You’d need to enter to confirm abandonment — but prior notice is required, usually somewhere on the premises. If these notices don’t receive an answer, you may be able to clear out the property—even without explicit permission. Make sure to confirm the proper legal procedure. 

When Can a Tenant Deny Entry?

When discussing a landlord’s legal right to enter their property, the logical question is when this right can be denied. 

In most cases, tenants cannot unreasonably refuse a landlord’s entry without good reason. Of course, they can ask for the entry to be postponed to another time, but this is still within reason. If all the conditions we’ve outlined above have been met, a landlord must be permitted entry. 

A landlord can decide to take legal steps if a tenant refuses to provide entry despite a proper reason, prior notice, and even a postponement. A good tip for landlords is to ask for a court order allowing them entry regardless of the tenant’s wishes. 

Wrapping Up

A landlord’s legal right of entry to rental units is undeniable — as long as it’s exercised with sufficient notice and good reason. Still, it’s useful for both landlords and tenants to be aware of the extent of their rights. Ultimately, this only enhances the landlord-tenant relationship and ensures there won’t be any misunderstandings. 

Consulting a legal professional is always the right way to go if you’re a landlord with issues entering their property despite being within their rights. They can provide a better insight into your jurisdiction’s specific regulations and give you a list of the next steps you can take.