What if I Need to Enter the Tenant's Property for Repairs or Maintenance?

What Landlords Must Do to Ensure Habitability

You are responsible as a landlord to make sure the building remains structurally sound. Other obligations include the following:

• Routine maintenance and repair of all common areas

• Fixing appliances in tenant apartments, townhomes, or condos

• Checking each unit for appropriate heat in the winter and cool air in the summer

• Plumbing repairs, including toilets, sinks, and showers

• All emergency repairs

• Pest control to prevent insect or rodent infestation

Landlords are typically required to pay for repairs necessary to maintain habitability.

Keep in mind that the above represent only general responsibilities of landlords. Landlords must comply with all relevant state and local housing codes. Each state has its own variation of landlord-tenant law, so it is important to check with your local housing authority for additional resources. If a tenant sues you for not providing required maintenance, you cannot claim ignorance of the law as a defense.

Notice Required When You Must Enter a Tenant’s Property to Make Repairs

The tenant bears responsibility for informing you of both urgent and non-urgent repair requests. When a repair is necessary but not an emergency, or for routine inspections, you should provide your tenant with 24 to 48 hours’ notice that you intend to enter the property. Tenants should understand that you can enter their rental unit even when they are not at home.

The exact amount of notice you must give your tenants generally varies according to state law, but the 24- to 48-hour range is typical. You can set your own notice period only if your state does not already have a law about it. If a conflict arises between state law and what you have told the tenant, state law always takes precedence.

Sometimes tenants inform you of an emergency and other times you discover it yourself. When the tenant lets you know of an urgent problem such as an overflowing toilet, you should prioritize the repair above all other duties. Be sure to knock before entering, and then start working on the problem right away. In emergency situations, landlords may need to carry out repairs or inspections even if the tenant is not present.

Unfortunately, emergencies do not always happen at convenient times. You could notice water seeping out from under the door of your tenant’s home due to a burst pipe or receive a call from another neighbor at 3:00 in the morning.

State rental laws recognize that emergencies happen and that landlords occasionally need to enter a tenant’s property without notice. Even so, you must reserve this right of entry for true emergencies to avoid conflict with tenants. It is always a good idea to knock on the door before entering if you think the tenant is home. You will want to announce your intentions as well. If a tenant refuses access for required repairs or inspections, a landlord may need to obtain a court order to enter the property. Repeated refusal to allow lawful entry could result in the landlord seeking to evict the tenant.

Other Times You Can Legally Enter a Tenant’s Property

As with tenant notice for making repairs, each state has its own laws regarding other times landlords can enter a tenant's property. One example is when the tenant will be gone for an extended period of time. Some states give you the legal right in this situation to enter the unit to perform routine maintenance and to check to see if anything needs repairs. You should let the tenant know of your plans before he or she leaves town. Landlord-tenant laws in your state may also require you to leave a note in the unit with the date, time, and purpose of your visit. Additionally, if the property is suspected to be abandoned, landlords may be allowed to enter without notice to determine the status of the unit.

Another time you can enter a rental property is when the tenant has provided a move-out notice and you need to show the unit to other potential renters. Showings also require proper notice to tenants under state laws, and it is a courtesy to give as much notice as possible. You do want to avoid showing the property excessively as that would be an annoyance to the current tenant. To avoid potential issues, be sure to include specific information about showings in the initial lease agreement.

The right to enter a tenant’s property can sometimes be a thorny issue. On the one hand, you own the property and want to keep it well-maintained. At the same time, the tenant lives in the unit and has the right to privacy. Unauthorized entry can break the tenant's right to privacy and may cause emotional or physical harm. Even with security measures in place, a determined landlord or maintenance worker might still attempt entry despite tenant objections, so tenants should be aware of their rights. The best thing you can do to avoid legal hassles and upset tenants is to abide by the established landlord-tenant laws in your state regarding entering a rental unit.