How Does Landlord Get Legal Entry To Rental Premises?
Landlord Legal Entry to Rental Premises
Most aspects of landlord tenant relationships are regulated by state statutes and local laws including, in many states, the landlord’s access to rental property. In addition to statutes, the landlord’s lease agreement customarily contains language that details the landlord’s right to entry and notice requirements.
The lease agreement governs the landlord-tenant relationship. It transfers possession, use and enjoyment of the property from the landlord to the tenant for a specific period of time and for a stated amount of rent. The lease agreement contains mutual dependent warranties – the tenant’s promise to pay rent and the landlord’s imposed obligation to provide habitable premises.
Both the warranty of habitability and the closely related tenant right of the covenant of quiet enjoyment come into play in the issues of the landlord’s access to the rental property and the tenant’s right to privacy.
The implied warranty of habitability is a legal doctrine that in most states requires landlords to offer and maintain leased premises in a safe and sanitary condition fit for human habitation for the duration of the lease.
The covenant of quiet enjoyment ensures the tenant that during his tenancy, the tenant’s use and enjoyment of the dwelling unit will not be disturbed by others including the landlord. The covenant between landlord and tenant provides the tenant with the right to exclude others from the premises, the right to peace and quiet, the right to a clean and habitable environment, and the right to basic services.
The rental unit is still owned by the landlord as his legal property and the landlord retains a legal right to enter the premises under certain circumstances. For compliance with habitability responsibilities, a landlord can request access to the rental unit as needed for inspections and repairs in order to make sure the property is safe and well maintained.
While ownership of the property and possession of the property are separate matters, at times such matters can create landlord-tenant tension when the landlord requires access to the rental unit and the tenant views the landlord’s entry as a violation of privacy. Generally in communication and discussion with the tenant regarding the business necessity for entry, the landlord, following statutory requirements or common business practices, is granted access to a tenant-occupied property. The tenant should be reassured that the landlord, or the landlord’s agent, will remain in the tenant’s rental unit only for the amount of time required to complete the task, inspection, repair, or showing.
There can be some landlord behaviors that are considered too invasive of the tenant’s right to privacy and/or intrusive to the tenant’s enjoyment of the premises. When the landlord requests frequent inspections not warranted by business purposes, conducts inspections or requests access outside of reasonable hours, or otherwise uses entry to harass a tenant, the landlord’s behaviors violate the tenant’s right to privacy. The landlord cannot “just drop in” or otherwise enter the tenant’s unit without the express permission of the tenant except in the case of emergency.
Many states cover the issue of landlord access to rental property by statute, specifying circumstances when a landlord may enter the rental premises and the amount of notice required for nonemergency situations.
In the event of a true emergency a landlord can enter the rental premises without giving the required notice. A true emergency is an event that threatens life or causes property damage if not immediately corrected. A landlord should use both caution and common sense to evaluate a situation for emergency entry. Fire, flooding, or an event caused by a natural disaster might be considered legal justification for emergency entry.
The most common requests for landlord entry to rental units are for inspection, maintenance, or repair. In most states the landlord may access rental property for the business purposes of inspection, repair, alterations, or improvements provided the landlord complies with statutory notice requirements. This could include access to the rental property for contractors, tradespersons, or service technicians. The conditions for notice requirements and reasonable hours of access apply for any access to the rental premises.
Generally the landlord gives written advance notice to the tenant of the date and time for entry. If there is no state statute regarding landlord entry and tenant notification, the landlord should follow a guideline of reasonable notice to the tenant and reasonable times for entry. The landlord’s lease agreement should contain a clause that details statutory requirements and the landlord’s policy and procedures for landlord entry to the rental premises. As an example, a lease clause may state:
Landlord or his Agent will not enter Tenant’s dwelling unit without notice except in the case of emergency. Landlord or his Agent will provide Tenant at least 24 hours’ written notice (or as specified in State statutes) of the date, time, and purpose of the intended entry into the dwelling unit. Landlord will make reasonable effort to schedule nonemergency entry during normal business hours, Monday-Friday, or as mutually agreeable to Landlord and Tenant. Tenant agrees Landlord has right of entry to inspect rental property, to make necessary or agreed repairs, to supply necessary or agreed services, or to show the unit to prospective purchasers or tenants.
It would be a good idea to review the lease clause with the tenant during move-in orientation to help the tenant understand the landlord’s business needs for access and the tenant’s role in good property management.
In response to a tenant’s request for maintenance, or for landlord inspection for needed repairs, as long as the tenant agrees to allow entry, the landlord can enter the rental unit even if the tenant is not present. While tenants do not need to be present during the landlord’s entry, a landlord may try to accommodate a tenant’s request to be present. The landlord can make reasonable effort to work with a tenant’s schedule but the landlord is not obligated to delay or postpone tasks.
A best practice is to document in writing all requests for entry and corresponding tenant permissions for entry. Written notices provide details of the nature of the request, date and time of entry and serve as a risk management practice in the event of a misunderstanding.
In most states the landlord has the right to show the rental property to prospective tenants or purchasers. A landlord will need to research his/her state’s law regarding proper notice procedures before requesting access to the rental property for showings.
A tenant may have reason to leave the rental property for an extended period of time. Many landlords require the tenant to notify the landlord if the tenant intends to be absent from the property for some period of time, for example, a period of 7 days or more. The landlord will need to protect his property if there is an extended vacancy. In some states a tenant’s extended absence from the rental unit allows the landlord to enter premises to inspect for damage or to perform basic maintenance. Other states may not address the issue of tenant extended absence. In an emergency the landlord can enter the premises without notice in order to correct an immediate threat. A landlord should conduct research into the state laws to understand if entry is allowed and under what circumstances of a tenant absence from the rental unit.
In some states if a landlord has credible reason to believe the tenant has abandoned the rental unit, a landlord may enter the rental property to determine the facts of the matter. Reasonable evidence of abandonment may be the absence of the tenant’s personal property or household goods. If the landlord determines that the utilities have been turned off, or the tenant has filed a change of mailing address, the landlord might reasonably conclude that the tenant has abandoned the unit. However before proceeding with cleaning the unit and preparing to re-rent the unit, the landlord must be sure the tenant has voluntarily relinquished his tenancy by some action by the tenant such as return of keys or the removal of all or most personal property. Without direct evidence that the tenancy has ended, the landlord may need to file an eviction action against the tenant to regain legal possession of the rental unit and avoid the risk of a lawsuit by the tenant.
If a tenant refuses landlord’s notice to enter, provided the landlord has complied with all requirements by state laws, does the landlord have a course of action? Certainly it can depend upon the circumstances of the landlord request and the tenant refusal, but in general the landlord has the legal right to peacefully enter the rental premises to conduct his business during reasonable hours. Some landlords may choose to bring along a witness to observe the work being done and to counter any claims by the tenant of theft or other inappropriate behavior.
Statutes of some states may allow the tenant to refuse a written request for entry, but could require the tenant to prove justification for his decision. If the tenant repeatedly refuses landlord access to the rental unit, the tenant could be held in breach of his lease for failing to cooperate, thus providing a cause of action for the landlord to proceed with an eviction lawsuit. Under no circumstances should a landlord use force to enter the rental unit. If the issue cannot be resolved satisfactorily, a landlord can obtain a court order to allow access.
Landlord-tenant laws governing a variety of issues vary from state to state. Landlords should conduct due diligence to understand their state’s laws on landlord access to rental property and a tenant’s rights to privacy and quiet enjoyment. Protection of the rental property and protection of rights are mutual landlord-tenant obligations.