A landlord may also move into your unit whenever you specifically invite him or her to, no matter what is the reason behind the invite. A landlord may enter their unit any hour of the day, so long as the landlord and the tenant are both okay with that timing.
Landlords are generally not allowed to enter a tenant’s dwelling without permission, but exceptions exist. Most states require landlords to provide tenants with a notice of at least 24 hours before entering their abode. However, some states do not require this. Moreover, states may restrict the frequency of a landlord’s visits.
When a landlord needs to conduct routine maintenance, which is written into the lease, they generally may enter a tenant’s apartment during regular business hours, which are from 9:00 am until 6:00 pm. Landlords are generally required to give at least 24 hours’ notice to a tenant prior to entering a tenant’s unit, no matter what the reason for entry.
Tenants Should Alert the Landlord Before Vacating the Premises
Except for emergencies, tenants leaving premises, a judicial injunction, or when doing so is not practical, the Landlord shall give the tenant twenty-four (24) hours notice prior to entering. Any agreed or required, non-emergency repairs, requires the landlord to provide a written notice, in writing, twenty-four hours before allowing a Landlord to enter a tenants Unit, that states the date, time, and reason for the entry. The notice should be a written notice giving the date and time that the landlord plans to enter the unit, as well as the reason for the entry.
If a landlord enters a dwelling for reasons other than what is stated in the lease or fails to provide the required notice, then it should be addressed by the tenant in a written demand to the landlord. The tenant cannot stop a landlord from entering a dwelling if the landlord has legitimate reasons for doing so and has followed notice requirements. If a tenant has specifically asked the landlord to fix or maintain something in their unit, then the landlord can enter the unit for an extra period of time.
If a rental agreement – written or oral – does not specify reasons why a landlord can enter a unit, there are only very specific times that a landlord can enter. In emergencies, like fires or broken water pipes, or other problems that could result in severe damages if they are not addressed immediately, the landlord can go into the occupant’s unit himself, with no prior notice. This means the landlord cannot, among other things, enter to show a prospective tenant a unit or to survey a dwelling unit, unless explicitly agreed in a lease.
Landlords Must Declare Themselves Before Barging In
In those situations, the landlord still has to declare themselves and their reasons for requesting access to a tenant’s unit prior to entering. The landlord has the right to enter reasonably, for purposes such as inspection of premises, making repairs, showing premises to prospective new tenants, etc.
Along with other actions allowed under local laws, if a condition is written into the lease, the landlord can be granted greater rights to access your unit, suggesting the provision is not unlawful. Even in many of the circumstances described above, the landlord cannot yet enter your apartment without giving you prior notice.
If a lease does not require advanced notice, and the landlord appears to be taking advantage, a tenant may ask, in writing, for a landlord to only enter upon giving advanced notice, such as 24 hours. It is very common for leases to require 24-hour advance notice before arriving, but yours may be different.
This arrangement can cover just one specific entrance; the arrangement does not mean that in other situations, your landlord may be able to get inside with less than 24-hour notice. If you have a written agreement stating the landlord is required to perform yard work, and you and the landlord have also agreed someone may go into the yard to perform the yard work, but will not go into the dwelling itself, the landlord does not need to provide 24-hour notice.
Landlords Generally Need to Give a Warning
Generally, the landlord needs to give you notice, at least 24 hours in advance, before entering your house or even entering the yard of a house that you are renting. Most states’ entry laws require that a landlord gives you 24-hours-to-two-days-ahead notice before entering the rental unit, except for emergency situations.
Many states have special laws that address the duration of notice landlords must give tenants prior to entering the property. In Washington, D.C., the law allows for the delivery of a notice in writing and electronically, including by email and text message, but the landlord then has to deliver the paper notice if the tenant does not agree to the electronic notice.
The notice must specify a lease expiration date, as specified by the law, and after this date has passed, the landlord can go into the apartment, unless the landlord has received a response from the tenant. The notice must be served to a tenant personally or sent through the mail, in first class, before a landlord may end a lease and enter a unit.
The Warning Is Usually Given 24 Hours in Advance
Provided that prior to entering the rental premises without a tenant’s authorization, a landlord shall give at least 24 hours’ notice to a tenant, except that a landlord or representative of the landlord may enter without notice in case of emergency. If the landlord enters without 2-day notice due to an emergency or repair to another part of the building, they are required to provide notice to the tenant that they have actually entered within 2 days after entering. There are no other exceptions to the 2-day notice requirement.
If the rent is late and has not been paid for fourteen days, and the landlord has reasonable faith that the tenant has abandoned the premises without giving any notice, the landlord can give the tenant a Notice of Belief in Abandonment. Just as a landlord cannot misuse the power to give a 24-hour notice to harass or retaliate against the tenant, the tenant cannot renege on denying access to the landlord following receipt of the 24-hour notice.
Some states, such as Connecticut, require a tenant to give notice to a landlord when he will leave premises for a long period. If you have given the landlord express permission to come in during certain hours, this also creates an exception.