Landlord Right of Entry Based on Reasons and State Laws
One advantage to hiring a property manager like Martin Feinberg is the peace of mind that comes with knowing that all local, state, and federal laws will be followed. It’s a property manager’s job to know the regulations in their area and to make sure that the properties they manage are in full compliance. This is especially true when it comes to a landlord’s right of entry.
The line between a tenant’s right to privacy and the landlord’s right to access a rental property can be complex, and is different depending on the state where the property is located. Property managers and their tenants both need to understand their rights and responsibilities within the relationship as it obeys all relevant laws.
Reasons A Landlord Might Request Entry
Though there can be other reasons a landlord might need to gain access to a rental property, there are usually five main motives for a landlord to request right of entry. These reasons are:
- Showing the property
- Extended tenant absence
Regardless of the reasons that a property manager might need to gain access to a property, experienced property managers will always follow all laws and regulations in doing so. This includes the issue of giving notice.
Usually a property manager may enter a rental unit without notice if the tenant has permitted entry, such as for a repair. However, if the tenant has not initiated the request, the landlord is often required by law to give advance notice, though the amount of notice required depends on the state and also the reason for the request.
Notice Requirements for the Five Reasons Listed above
- Alabama– Two days notice
- Alaska– 24 hours notice
- District of Columbia (D.C.): 48 hours notice
- Florida:12 hours notice
- Hawaii– Two days notice
- Iowa– 24 hours notice
- Kansas– Reasonable notice
- Kentucky– Two days notice
- Montana: 24 hours notice
- Nebraska: One day notice
- New Mexico: 24 hours notice
- Oregon: 24 hours notice
- Rhode Island: Two days notice
- South Carolina: 24 hours
- Tennessee: 24 hours conditional
- Virginia: 24 hours conditional
Extended Tenant Absence Exceptions
The following states require notice for the four common reasons listed above, but no advance notice when a tenant is on an extended absence. Property managers should check their local statues to determine if that means no entry is allowed or no notice is required.
- Arizona– Two days conditional
- California– 24 hours conditional
- Connecticut– Reasonable notice
- Delaware– Two days notice
- Indiana– Reasonable Notice
- Maine– 24 hours notice
- Massachusetts– No notice specified
- Minnesota– Reasonable notice
- Nevada– 24 hours notice
- New Hampshire– Adequate notice under the circumstances
- New Jersey– One day conditional
- North Dakota– Reasonable notice
- Ohio– 24 hours notice
- Oklahoma– One day notice
- Vermont– 48 hours notice
- Washington– Two days
- Wisconsin– Advance notice
States with Additional Exceptions
- Arkansas– No notice specified
No notice needed for an extended tenant absence nor during an emergency
- Louisiana– No notice specified
The only notice requirement is for entrance to conduct repairs, improvements, or alterations.
- Utah– 24 hours notice conditional (unless the rental agreement specifies otherwise) No requirement of notice for emergencies and repairs but no other reasons are listed within the statutes.
States with no Statutes
The states listed below have no statutes regarding landlord property access. However, that does not mean that a landlord may enter the property at any time without the possibility of facing legal consequences. Rental agreement and/or leases often contain clauses or sections covering the tenant’s right to privacy or landlord’s right of entry. All agreements should be followed.
- New York
- North Carolina
- South Dakota
- West Virginia