How much notice do we have to give a tenant before we can enter the apartment for repairs? Can a tenant refuse to allow entry?
In most states the landlord or agents of 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 except in emergency situations.
Generally the landlord must give 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 in order to avoid claims of privacy invasion or even theft of a tenant’s belongings. The landlord’s lease agreement should contain a clause that details statutory requirements and the landlord’s policy and the procedures for landlord entry to the rental premises.
In many states, the notice period is 24 hours or as specified in the lease agreement. While the lease agreement cannot allow a period shorter than state law requires, if the lease agreement provides for a long period than does state law, the lease agreement prevails.
If a tenant refuses a landlord’s notice to enter, provided the landlord has complied with all requirements by state laws, a landlord could, depending on the circumstances, enter the rental unit. 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 or threats to enter the rental unit. If the issue cannot be resolved satisfactorily, a landlord can obtain a court order to allow access.