Tenant Notice Requirement When Landlord Enters a Rented Property
Landlords may need to enter their tenant’s house for a variety of reasons, including repairing appliances, performing maintenance, or showing the property to prospective tenants. It’s important to recognize as an independent Landlord that there are restrictions on when you can enter your property while it is rented. Ownership has its privileges, but once you’ve rented the place to tenants, it becomes their home, and the law provides them privacy rights. How those rights play out vary by state, but there is a common thread through all of them. Read on for more information on general principles of tenants’ right to privacy and how to best manage this aspect of your landlord/tenant relationship. Note that this is not legal advice. For that, you should contact an attorney.
The Law on Entering a Renters’ Apartment / House
The law (via the courts) provides tenants with a basic right of privacy. That is to say that Landlords cannot enter the premises while they are rented unless there is a bonafide reason for entry (sometimes specified in the lease agreement). Even with a reason, most jurisdictions require some advance notice for most types of entries.
In most jurisdictions, you can enter a tenant’s house for any reasonable purpose as long as you give them 24 hours advance notice. In this case, reasonable purpose is subject to judgment. For instance, some jurisdictions will not permit a Landlord to show the inside of a property to prospective tenants without prior consent from the existing tenants. In other words, just because you give them 24 hours notice, you may still not have the right to enter the property because the reason isn’t good enough. Some jurisdictions do not require 24 hours notice if the visit is routine in nature (for instance, to perform maintenance or repair), or if the entry was clearly specified / scheduled in the lease agreement.
In general, it is reasonable to enter a property with notice to:
- Repair / replace appliances or other furniture / fixtures.
- Turn outdoor water on/off in the Winter.
- Perform routine maintenance (e.g., change furnace filters).
- Perform any housekeeping agreed to in advance.
- Show the property to prospective tenants at the end of the current tenants’ lease (some jurisdictions limit this).
When Is it OK to Enter a Renters’ House Without Notice?
In general, it is ok to enter a tenant’s residence without notice only in the case of an emergency. For instance, a broken pipe is flooding the house, a fire has started, or any other situation where serious peril would result in not entering the home. Some jurisdictions will also allow routine maintenance to be performed without prior notice, or other activities previously negotiated/scheduled in a lease agreement.
Tips for Entering Occupied Rental Properties
Remember, renting property is about a long term relationship between a Landlord and Tenant. It simply doesn’t make good business sense for a Landlord to abuse their right of entry if they want to maintain a healthy, profitable relationship with their renters. That in mind, here’s a few tips:
- Always give your tenants at least 24 hours notice that you will be entering the property. Make sure you tell them why you will be visiting. If the reason is not for maintenance/repair, solicit their approval.
- When possible, schedule entries at least 3 days or more in advance. Some tenants will want an opportunity to clean the place before you arrive. Be flexible. If the time doesn’t work for the tenant, try to schedule a time that is mutually agreeable.
- If you’ve entered the property when someone isn’t home, be sure to leave a note on the front door letting them know you’re inside. It can be very unnerving to come home and think that someone may have broken into the house.
- Always write the details of your right to entrance into the tenant’s lease agreement and be sure to share yours plans in advance. For instance, if you plan to show the house in the last 60 days of their stay, make sure they are aware. If you are showing the place to prospective tenants, be sure to stay with those tenants at all times while they tour the house.
- If you had to enter the house due to an emergency, be sure to leave a note and call your renter on the phone to let them know of the entry.
Clarify Landlord Right to Entry in the Lease Agreement
When it doubt, write it out. The most important thing you can do to minimize inconvenience, hard feelings, and potential law suits is to clarify your entry rights in the lease agreement. For an example of how to write this into your agreement, see paragraph 24 of this free lease agreement.
What do you think? Have you had any good / bad experiences with Landlord’s entering your property? Are you a renter? Have you ever had a Landlord abuse this right?
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One Response to Tenant Notice Requirement When Landlord Enters a Rented Property
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August 6th, 2009 8:30 pm
I want to resign our apartment lease. The manager has promised to change carpet and other things. However, there’s no place to put that on the new lease agreement. Plus one of the usual items on the agreement says the tenant has examined the premises, that everything are in good satisfactory conditions except as may be indicated elsewhere in the agreement. The manager says she will schedule carpet installations and other negotiated items after signing the lease. Where can I have these negotiated items down on paper somehow?
Also, when you resign the lease, does that mean the length of occupancy starts over again?