Entry Notice And The Landlord's Right Of Access

A tenant in possession has the right to exclude others, including the owner. A landlord's ability to enter is limited to defined purposes and generally requires advance notice.

The legal basis for the limit

A lease conveys possession for the term. The tenant holds an interest in the property, and the landlord's remaining rights are those reserved by the lease and by statute.

This is why the right of entry is described as an exception rather than a default. The starting position is that the tenant controls access.

Many states also recognize a covenant of quiet enjoyment, under which repeated or unreasonable entry can itself be a breach by the landlord.

Purposes that generally permit entry

Statutes commonly allow entry to make repairs, to inspect the condition of the unit, to show the property to prospective tenants, buyers or lenders, and in emergencies.

Notice periods are set by state law and often measured in a fixed number of hours, with the form of notice sometimes specified as well.

Entry is usually required to occur at reasonable times, which in some states is defined and in others left to what is customary in the circumstances.

Emergencies are treated differently

Genuine emergencies, such as fire, flooding or a gas leak, generally permit immediate entry without notice, since the purpose is to prevent harm.

The exception is narrow. A repair that is urgent from the landlord's perspective is not necessarily an emergency within the meaning of the statute.

Documenting what the condition was and why immediate entry was necessary protects the landlord if the entry is later questioned by the tenant or by a court.

Notifying the tenant promptly afterward, describing what was found and what was done, is the practice that keeps an emergency entry from becoming a separate grievance.

Where disputes usually arise

Showings during the final weeks of a tenancy generate the most conflict, because the landlord's interest in re-leasing collides with the tenant's remaining possession.

Contractors and vendors entering on the landlord's behalf are also a frequent source of complaint, since the notice obligation applies to them as well.

Repeated inspections without a clear purpose can be characterized as harassment, particularly where a tenant has recently made a complaint or asserted a right.

Practices that avoid the problem

Written notice sent through a consistent channel, stating the date, approximate time and purpose, creates a record and usually satisfies the statutory form.

Notice periods, permitted purposes and remedies for improper entry vary by state and are revised over time, so local counsel or a licensed property manager should confirm the current requirements.