Landlords generally must provide between 12 hours (for Wisconsin) and 6 days (for mailed notice, in California) of advance notice before entering a rental property.
| State | Default Required Notice |
Allowed Notice Types | Possible To Waive Notice Requirements?* |
| Alabama | 2 days | Any actual notice (written posting on main door of residence is preferred) | Yes, for separately posted scheduled services |
| Alaska | 24 hours | Any actual notice | No |
| Arizona | 2 days | Any actual notice | Yes, when addressing a tenant repair request |
| Arkansas | “Reasonable” notice | Any actual notice | Yes |
| California | 24 hours (6 days for mailed notice) | Written notice only (with some special exceptions) | No |
| Colorado | “Reasonable” notice (48 hours in specific cases) | Usually written, depends on entry purpose | Yes |
| Connecticut | “Reasonable” notice | Any actual notice | No |
| Delaware | 48 hours | Written notice only (but actual notice may count in court situations) | Yes, in a separate written agreement before the start of the tenancy |
| Florida | 24 hours for repairs, “reasonable” notice otherwise | Any actual notice | No |
| Georgia | “Reasonable” notice | Any actual notice | Yes |
| Hawaii | 2 days | Any actual notice | No |
| Idaho | “Reasonable” notice | Any actual notice | Yes |
| Illinois | “Reasonable” notice | Any actual notice | Yes |
| Indiana | 24 hours | Any actual notice | No |
| Iowa | 24 hours | Any actual notice | No |
| Kansas | “Reasonable” notice | Any actual notice | No |
| Kentucky
(KY-URLTA communities only) |
2 days | Any actual notice (written only, if billing for non-compliance) | No |
| Louisiana | “Reasonable” notice | Any actual notice | Yes |
| Maine | 24 hours | Any actual notice | No, but landlords may ignore notice requirements for welfare emergencies incl. animals |
| Maryland | “Reasonable” notice | Any actual notice | Yes |
| Massachusetts | 48 hours for most issues | Any actual notice | No |
| Michigan | “Reasonable” notice | Any actual notice | Yes |
| Minnesota | 24 hours | Any actual notice | Yes, if it’s not a condition for entering or maintaining the lease |
| Mississippi | “Reasonable” notice | Any actual notice | Yes |
| Missouri | “Reasonable” notice | Any actual notice | Yes |
| Montana | 24 hours | Any actual notice | No |
| Nebraska | 24 hours | Any actual notice | No |
| Nevada | 24 hours | Any actual notice | Yes, in an explicit waiver covering a single entry only |
| New Hampshire | “Reasonable” notice generally (48 hours in some specific cases) | Actual notice in general, written only for some specific cases | No |
| New Jersey | 1 day | Any actual notice | Yes |
| New Mexico | 24 hours | Any actual notice | No |
| New York | “Reasonable” notice | Any actual notice | Yes, by agreement in the lease or other contract |
| North Carolina | “Reasonable” notice | Any actual notice | Yes |
| North Dakota | “Reasonable” notice | Any actual notice (written posting in/on residence is preferred) | Yes |
| Ohio | “Reasonable” notice | Any actual notice | No |
| Oklahoma | 1 day | Any actual notice | No |
| Oregon | 24 hours | Any actual notice (including email) | Yes, with detailed requirements dependent on purpose |
| Pennsylvania | “Reasonable” notice | Any actual notice | Yes |
| Rhode Island | 2 days | Any actual notice | No |
| South Carolina | 24 hours | Any actual notice | No full waiver for notice, but some partial waivers available |
| South Dakota | 24 hours (by custom, not strict legal requirement) | Any actual notice | Yes, but disfavored by law enforcement |
| Tennessee
(TN-URLTA counties only) |
“Reasonable” notice generally, 24 hours for property showings | Any actual notice | No |
| Texas | “Reasonable” notice | Any actual notice | Yes |
| Utah | 24 hours (but tenants can’t sue if landlord fails to provide adequate notice) | Any actual notice | Yes |
| Vermont | 48 hours | Any actual notice | Yes |
| Virginia | 72 hours | Any actual notice | Yes, when addressing a tenant repair request |
| Washington | 2 days (1 day for property showings) | Written notice only | No |
| Washington DC | 48 hours | Written notice only (incl. text and email, provided that the tenant replies to the notice) | Yes, but only in writing |
| West Virginia | “Reasonable” notice | Any actual notice | Yes |
| Wisconsin | 12 hours | Written notice only, personally delivered to the tenant if possible | Yes, but only if written in a special lease addendum |
| Wyoming | “Reasonable” notice | Any | Yes |
Laws about advance notice usually apply regardless of the lease. In most cases, rental agreements can only extend rather than reduce minimum notice. There are rare exceptions. Delaware, for instance, honors most written agreements about notice.
Proper notice for a valid purpose does not give automatic consent to enter in most cases. Consent requirements are a separate issue.
When the Clock Starts for Advance Notice
The clock on an advance notice period starts when notice is received, not when sent.
Sometimes this is easy to determine. Verbal notice counts as received the moment it’s heard by the tenant. Written notice, by contrast, needs proof of delivery to a place the tenant could be reasonably aware of it.
Certified mail starts the notice clock as soon as delivered, for example. Likewise, posting a written notice on or near the tenant’s front door will start the clock in most states.
Regular mail and electronic formats like text and email do not automatically start the clock. The landlord must prove the tenant’s awareness of delivery. For example, a response or a read receipt for a text would prove the tenant opened the message.
Actual Notice
Most state entry laws only require the landlord to prove actual notice of a future entry. It just means any action that results in the tenant actually knowing about the landlord’s intent to enter.
Actual notice usually counts even when the legal notice requirements weren’t strictly followed. For example, if a landlord mails notice to a tenant, it’s often difficult to prove the tenant actually received the letter at a specific time. However, if the tenant mentions the notice in a later conversation with the landlord, this will prove actual notice from at least that point.
When There Isn’t an Entry Law
When there’s no state law about advance notice before entry, the lease usually sets the rules. If the lease isn’t specific, the landlord will have to enter in a “reasonable” time, place, and manner. What’s reasonable depends on local customs and the case-by-case facts.
In a state with no entry law, the landlord doesn’t have to give advance notice before entry. However, it’s reasonable for a tenant to refuse an inconvenient no-notice entry request. Landlords must often provide reasonable advance notice to avoid rescheduling, even when there’s no state entry law.
Exceptions to Advance Notice Requirements
Certain exceptions can suspend or modify the usual landlord entry notice requirements. The main exceptions are emergency, constructive notice, extended absence, and court order.
Emergency
An emergency situation removes advance notice requirements in all states. It’s reasonable for a landlord to focus on immediate safety over advance notice.
Constructive Notice
Constructive notice is when the law presumes notice due to specifics about a situation. This happens most often when a tenant requests or requires certain services. For example, New Mexico landlords can enter without advance notice to do repairs the tenant requested within the last seven days.
Extended Absence
The tenant’s extended absence may trigger reduced notice requirements. Rhode Island, for instance, suspends advance notice for an entry after the tenant is absent for a week. Suspended requirements for absence last until the tenant returns.
Court Order
A court order overrides all legal requirements for notice, purpose, and so on. It’s always lawful for a landlord to follow the exact terms of a court order.
Sources
- 1 Maine Rev. Stat. § 6025(2)
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Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant reasonable notice of the landlord’s intent to enter and shall enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary. An emergency when the welfare of an animal is at risk as described in section 6025‑A is grounds for permitting entry without 24 hours’ notice.
Source Link - 2 105 Mass. Reg. 410.003(E)
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Every occupant of a residence, upon reasonable notice and if possible by appointment, shall give the owner thereof, or the owner’s representative, access to the residence for the purpose of effecting compliance with the provisions of 105 CMR 410.000. Access shall be at a reasonable time and shall include, but not be limited to, any cooperation required for repairs, alterations, pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the occupant, except for emergency repairs for which no notice is required.
- 3 Minn. Stat. § 504B.211(2)-(4)
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Subd. 2. Entry by landlord. Except as provided in subdivision 4, a landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of not less than 24 hours in advance of the intent to enter. A residential tenant may permit a landlord to enter the rented premises with less than 24 hours notice if desired. The notice must specify a time or anticipated window of time of entry and the landlord may only enter between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree to an earlier or later time. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant’s right to prior notice of entry under this section as a condition of entering into or maintaining the lease.
(1) showing the unit to prospective residential tenants during the notice period before the lease terminates or after the current residential tenant has given notice to move to the landlord or the landlord’s agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the residential tenant is violating the lease within the residential tenant’s unit;
(7) prearranged housekeeping work in senior housing where 80 percent or more of the residential tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or
(9) the residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement.Notwithstanding subdivision 2, a landlord may enter the premises rented by a residential tenant to inspect or take appropriate action without prior notice to the residential tenant if the landlord reasonably suspects that:
(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a residential tenant’s safety; or
(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant’s premises.
Source Link - 4 Or. Rev. Stat. § 90.155(1)(d)
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Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form: ______________________________________________________________________________
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
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