Even with proper notice and with entry rights reserved in the lease, many states regulate when a landlord can enter a rental property. Landlord entry requires valid purpose, valid manner, and valid timing.
Consent for Entering a Rental Property
The tenant’s consent removes all legal issues with a landlord entry. A landlord can always enter when invited, even for something unrelated to the lease. The rest of this article assumes the tenant may want to refuse consent.
Valid Purpose Required to Enter Rental Property
No landlord entry is legal without a valid purpose. Landlords can generally enter for purposes reserved in the lease, and/or required by the law.
Purposes in the Law
Landlords can enter for a purpose that’s allowed by law. The law usually allows entry for property work, inspections, and emergencies.
Property showings are sometimes allowed. If they are, this is usually in an entry statute. Landlords can also enter a property when it appears abandoned by the tenant (usually after 1-2 weeks of unexplained absence).
Property Work
Landlords almost always have a duty to provide safe, habitable rental property. To carry out this duty, landlords can enter rental property for necessary property work. This can include:
- Repairs
- Replacements
- Regular maintenance
- Changes or improvements to the property
- Provided services, like backyard upkeep or spraying for pests
In states that have an entry statute, this often includes the right to enter for lower-level work, like decorations. This kind of work isn’t a valid purpose unless it’s allowed by the law or the lease.
Inspections
Most places have a housing code defining safe rental property. The owner could get fined, or even have the property condemned, if there’s a code compliance issue. This means the landlord usually can enter and inspect for code compliance.
It’s a more open question whether the landlord can enter and inspect for lease violations. The landlord can inspect for lease violations where it’s allowed by statute. In places which allow individual access policies, the landlord can also reserve a right to inspect.
Inspections for lease violations are an easy way for a landlord to harass a tenant. Because of this, courts have a strict approach to reviewing lease-related inspections.
Property Showings
Landlords usually can’t show a property unless allowed by state law (like Rhode Island’s) or the lease. State statutes generally allow showings to potential buyers, renters, and contractors.
When there’s no right to show reserved by the law or the lease, tenants can almost always refuse a showing.
Emergencies
An emergency situation that threatens people or rental property always gives the landlord a right to enter. The landlord must limit his activity to resolving the emergency during such an entry.
Property Abandonment
Most states give the landlord a right to enter property which appears abandoned. A landlord can usually enter after an unexplained tenant absence of 1-2 weeks.
Purposes in the Lease
Many states, such as Colorado, let the landlord and tenant set an entry policy in the rental agreement. Courts accept most entry policies at face value unless something is obviously illegal.
An entry policy might limit the tenant’s use of the property on a temporary basis. For example, a landlord could reserve the right to use a backyard area for occasional parties.
This also applies for more rarefied purposes. A landlord could reserve a right to dowse on the rental property, or swim in the pool on Saturday mornings. If the tenant freely agrees to the policy, a court will usually uphold it as written.
Many places do not allow lease-specific purposes for entry. For example, Arizona strictly limits landlord entry to only the purposes allowed by statute. Check local laws.
Valid Manner to Enter Rental Property
Valid purpose isn’t enough. A landlord must also enter with a valid manner. Manner refers to the way the landlord conducts the entry process.
Notice
Landlord entry is often illegal without “actual notice” in advance. Actual notice is any form of notice the tenant personally receives. It could be anything from a phone conversation to a letter sent through certified mail.
Notice must mention both the purpose and approximate timing of the entry. A tenant can often refuse consent to enter if the notice doesn’t mention one of these.
The following table lays out rules for notice before entry, by state.
| 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 notice is waived for emergencies such as animal welfare |
| Maryland | “Reasonable” notice | Any actual notice | Yes |
| Massachusetts | 48 hours for most purposes | 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 | 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 |
Identification
Tenants don’t have to let anybody in without identification. Landlords and employees likewise aren’t allowed to sneak onto rental property.
Anyone entering must announce their presence and identify their purpose if asked. If they don’t, tenants can treat this as an illegal trespass and call the police, even on a landlord.
Demeanor
Landlords and employees must enter with a professional demeanor. They can’t enter in an abusive or alarming way even if timing, purpose, and notice are all otherwise valid. Tenants can refuse entry if the entrant has a threatening demeanor.
Valid Timing to Enter Rental Property
The last element that determines when a landlord can enter a rental property is valid timing.
Sometimes the law or the lease specify timing. For example, entry in California must occur during normal business hours (except in emergencies), defined as 8:00AM-5:00PM.
When the law and the lease are silent on timing, the rule is that it must be “reasonable.” In practice, a reasonable entry usually must be within business hours. An entry with unusual timing must relate to exceptional circumstances like an emergency.
Sources
- 1 14 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.
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