Landlord's Right of Entry

by Cierylene Piernes


Posted on 2019-07-24 20:17:01


Landlord's Right of Entry

 

When can a landlord enter a rental unit? There are certain laws in regards to landlord entering their property, you can check the landlord’s right of entry outlined state by state. Most of these laws state the need for advance notice, and at 24 hours to the minimum. But it may vary depends on your state, and sometimes on the situation.

 

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Aside from these laws, the general and most common rule when a landlord can legally enter their rental property is for the situations outlined below:

 

 1. Routine property maintenance inspections

As we have mentioned in our blog post Routine Property Inspection, landlords can inspect the property on an annual, semi-annual, or quarterly basis depends on the routine they will establish, however, this can only be done when they give advance notice to the tenants occupying their rental property.

2. When repairs or service are needed or asked for by the tenant

Since they asked for a repair or maintenance, they should let the repairman or contractor have access to the part of the property to be repaired. Once again, the landlord must inform the tenant in advance, to access the property.

3. In emergency situations

Sometimes, an emergency situation arises, like the flood in the basement, frozen burst pipes due to extreme cold weather. In situations like these where there is a need to immediately access the property, landlords are not required to give tenants advance notice.

But of course, notifying tenants as soon as possible is recommended and shows a gesture of goodwill.

4. To exhibit the unit

The landlord might want to sell or rent the property to someone else, so she may give advance notice to the current tenant to show the place to the prospective buyer or renter. But be cautious of the tenant's right to privacy by not showing the unit excessively that it is bothersome to the current tenant.

You may want to consider showing it thru the open house, where a group of prospects will join you and check out the property’s common spaces.

5. Extended absence

If there has been an extended absence of the tenant or if the tenant is planning a longer than usual absence from the property, may give the right to the landlord to enter the property. This is to make sure that everything is okay inside the property and for safekeeping while the tenant is away.

6. To Issue eviction notice or upon order of the court

Here’s an exercise of the right of the landlord if and when the tenant was not able to pay rent or violated the terms in the lease agreement. Of course, it is the right of the landlord to manage his property if the tenant is not able to maintain it and not able to meet the terms signed by them.

However, there is an exception to these rules, that’s if the tenant gives permission to the landlord to enter the property he is occupying. Landlords have to balance his right being the owner of the property, and the tenant’s right to privacy and personal space.


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