Get FREE Stuff! Run Credit Report Rental Forms Vacancy Center Shop & Buy!

Landlord Legal Rights Of Entry By State

Special One Time Membership Offer

Free Mobile App with all law guides plus extras.

or

SIGN UP for FREE Access
To All Of Landlord.com's
Attorney Written
State Law Guides that include:

Name :
E-mail Address :
Choose Newsletters :
Landlord.com Alerts
Monthly Newsletter
1
 
 
 


The salient points addressed by the Landlord's Right Of Entry statutes are identified within each particular state. Reading the linked statutes is essential. Several states have no statute regulating a landlord’s entry, and where this is true we have so stated.  Select your state:

Alabama Alaska Arizona Arkansas
California Colorado Connecticut Delaware
Florida Georgia Hawaii Idaho
Illinois Indiana Iowa Kansas
Kentucky Louisiana Maine Maryland
Massachusetts Michigan Minnesota Mississippi
Missouri Montana Nebraska Nevada
New Hampshire New Jersey New Mexico New York
North Carolina North Dakota Ohio Oklahoma
Oregon Pennsylvania Rhode Island South Carolina
South Dakota Tennessee Texas Utah
Vermont Virginia Washington Washington DC
West Virginia Wisconsin Wyoming

ALABAMA:

Citation

Ala. Code Sec. 35-9A-303

Entry without consent

Yes, in case of emergency only.

Emergency

May enter without notice or consent provided notice impractical.

Notice

Two days, except in case of emergency.

Days and times

Reasonable times

Reasons

Inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; in case of emergency, if landlord reasonably believes tenant has abandoned the premises; or failure to maintain rental unit if materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time; or as necessary in case of absence of the tenant of more than 14 days.

Remedy on refusal

 

Misc.

 

Remarks

 

 COMMENT:

Ala. Code Sec. 35-9A-303.  Tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  In addition, landlord may enter in case of emergency, if he reasonably believes tenant has abandoned the premises; or failure to maintain if materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time; or as necessary in case of absence of the tenant of more than 14 days.  Entry may be made with tenantís consent on at least two days written notice, or less or none in case of emergency.  

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 ALASKA:

Citation

Alaska Stat. Sec. Sec. 34.03.140 and Sec. 34.03.230

Entry without consent

Only in emergency or extended unexplained absence, otherwise, tenant may not unreasonably withhold consent.

Emergency

Landlord may enter without consent or notice.

Notice

Landlord must give at least 24 hours notice, writing not explicitly required but certainly desirable, if practical and may only enter if tenant gives consent, otherwise must proceed to legal remedies.

Days and times

Reasonable

Reasons

Emergency, inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; remove personal property belonging to the landlord that is not covered by a written rental agreement; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, tenant unexplained absence of more than 7 days.

Remedy on refusal

None specified in statute.

COMMENT:

Alaska Stat. Sec. Sec. 34.03.140 and Sec. 34.03.230.  Tenant may not ďunreasonably withhold consentĒ to landlord access to do the following: inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; remove personal property belonging to the landlord that is not covered by a written rental agreement; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  Landlord may enter with or without notice and consent in an emergency only.  Landlord otherwise must give at least 24 hours notice, writing not explicitly required but certainly desirable, if practical and may only enter if tenant gives consent, otherwise must proceed to legal remedies.  In case of extended absence, more than 7 days, landlord may enter on notice as above with or without consent and terminate tenancy if there is evidence of abandonment.  May only enter at reasonable times, statute does not specify.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 ARIZONA:

Citation

Ariz. Rev. Stat. Sec. 33-1343, 1369, 1370

Entry without consent

Emergencies or abandonment only, otherwise tenant may not unreasonably withhold consent.

Emergency

Entry with or without notice or consent.

Notice

Fourteen days after written notice to repair conditions affecting health and safety where tenant has not acted to abate conditions, otherwise two days written or oral notice ďif practical.Ē  Written notice recommended.

Days and times

Reasonable.

Reasons

Emergencies, repair conditions affecting health or safety, inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

Remedy on refusal

Not specified.

   
   
   

COMMENT:

Ariz. Rev. Stat. Sec. 33-1343, 1369, 1370.  Landlord may enter any time in case of emergency, otherwise only with consent of tenant which consent shall not unreasonably be withheld.  Landlord must give two days notice ďif practicalĒ except as below, writing not explicitly required.  Landlord may have access ďto inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.Ē  Entry must be made at reasonable times.  Landlord may enter to remedy conditions that affect health and safety caused by tenantís failure to maintain premises after giving 14 days written notice to tenant to correct.  Landlord may enter in event of abandonment after notice given as specified in Sec. 33-1370.  Look it up in the Landlord Law page for Arizona.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 ARKANSAS:

Citation

Arkansas Code Sec. 18-17-602

Entry without consent

No.

Emergency

Unspecified.

Notice

Reasonable.

Days and times

Reasonable.

Reasons

Tenant may not unreasonably withhold consent to enter to inspect the premises, make necessary or agreed repairs, decorations,

alterations, or improvements, supply necessary or agreed services, investigate possible rule or

lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective

or actual purchasers, mortgagees, tenants, workers, or contractors.

Remedy on refusal

Not specified.

COMMENT:

Arkansas Code Sec. 18 17-602.  A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 CALIFORNIA:
 

Citation

Civil Code Sec. 1954

Entry without consent

Yes, as long as all notice procedures are followed.

Emergency

No notice or consent required.

Notice

Reasonable, presumed 24 hours.

Days and times

Normal business hours.

Reasons

Go to Summary

Remedy on refusal

None specified

COMMENT:

Civil Code Sec. 1954.  Landlord must give reasonable notice except in case of emergency when no notice is necessary.  A writing is not explicitly required.  Twenty-four hours is rebuttably presumed to be reasonable.  Landlord may enter in an emergency; to make necessary repairs; to make agreed repairs; to show the rental to prospective tenants, mortgagees or purchasers; when the tenant has abandoned or vacated the premises; and to do a pre-moveout initial inspection.  Entry may be made during normal business hours.  Tenant cannot waive protections of this statute and they cannot be modified in the rental agreement.  NB: California has made the pre-move inspection a special case.  In this instance consult the statute and get our California security deposit accounting kit which covers everything in detail.  Also, statute newly revised to permit entry to show to prospective purchasers without notice within 120 days after listing property for sale when special procedures are followed.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 COLORADO:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

See our landlord entry lease addendum here. [link]

   

 Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

CONNECTICUT:

Citation

Connecticut Gen. Stats. Secs 47a-16, 47a-16a, 47a-18, 47a-18a

Entry without consent

in case of emergency, abandonment, or extended absence by tenant

Emergency

Any time, with or without consent

Notice

No statute

Days and times

No statute

Reasons

No statute

Remedy on refusal

Landlord lawsuit

COMMENT:

Conn. Gen. Stats. Secs. 47a-16, 47a-16a, 47a-18, 47a-18a.  Landlord must give ďreasonable written or oral noticeĒ of intent to enter.  Landlord may only enter without tenantís consent in case of emergency, abandonment, or extended absence by tenant.  Tenant may not unreasonably withhold consent to enter.  Landlord may only enter at ďreasonable times.Ē  Tenant must consent to entry for the following purposes: in order to inspect the premises; make necessary or agreed to repairs, alterations or improvements; supply necessary or agreed to services; and exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  Tenant must inform landlord of anticipated extended absences.  During such absences, the landlord may enter without notice at reasonable times to do the things mentioned in the previous sentence.  If tenant unreasonably refuses access, landlord may terminate the rental agreement or get a court order for entry.  If landlord harasses the tenant with requests to enter, or enters without permission, tenant may terminate the agreement, get an injunction, and recover actual damages of not less than one monthís rent plus attorney fees.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 DELAWARE:

Citation

Delaware Code Chap. 55 Secs. 5507, 5509, 5510

Entry without consent

In emergency.

Emergency

No notice required.

Notice

48 hours.

Days and times

Between 8:00 a.m. and 9:00 p.m. any day.

Reasons

Landlord may otherwise enter only with tenant consent, which shall not unreasonably be withheld, for the following purposes: to inspect the premises; make necessary repairs, decorations, alterations or improvements; supply services as agreed to; and exhibit the rental unit to prospective purchasers, mortgagees or tenants.  Notice for entry by prospective tenants and purchasers may be waived by tenant in writing.  The landlord may, during any extended absence of the tenant, enter the rental unit as is reasonably necessary for inspection, maintenance and safekeeping.  Tenant must grant landlord access to read meters and measure utility consumption.

Remedy on refusal

Damages.

COMMENT:

Delaware Code Chap. 55 Secs. 5507, 5509, 5510.  Landlord must give minimum 48 hrs. notice of intent to enter except for tenant requested repairs.  No requirement notice be in writing.  Landlord may enter at any time in case of an emergency without notice.  Landlord may otherwise enter only with tenant consent, which shall not unreasonably be withheld, for the following purposes: to inspect the premises; make necessary repairs, decorations, alterations or improvements; supply services as agreed to; and exhibit the rental unit to prospective purchasers, mortgagees or tenants.  Notice for entry by prospective tenants and purchasers may be waived by tenant in writing.  The landlord may, during any extended absence of the tenant, enter the rental unit as is reasonably necessary for inspection, maintenance and safekeeping.  Tenant must grant landlord access to read meters and measure utility consumption.  Failure to permit reasonable access makes tenant liable to landlord for actual damage suffered but does not appear to be grounds for termination of the rental agreement.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

DISTRICT OF COLUMBIA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

See our landlord entry lease addendum here. [link]

Remarks

 

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.    Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

 FLORIDA:

Citation

Florida Statutes Sec. 83.53

Entry without consent

The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.

Emergency

No notice required

Notice

12 hours

Days and times

Reasonable times, 7:30 a.m. and 8:00 for purposes of repair

Reasons

May enter in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; and exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.  The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises.  Also, landlord may enter if tenant is absent for a period in excess of one-half of the period of rent payment.

Remedy on refusal

Not specified.

 COMMENT:

Fla. Stat. Sec. 83.53. The tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; and exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.  The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises.  "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and ďreasonable timeĒ for the purpose of repair is between the hours of 7:30 a.m. and 8:00 p.m.  A writing is not explicitly required.  The landlord may enter the dwelling unit when necessary for the other purposes mentioned above under any of the following circumstances:  with the consent of the tenant, in case of emergency, when the tenant unreasonably withholds consent, or if the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments.  If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 GEORGIA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

 HAWAII:

Citation

Haw. Rev. Stats. Secs. 521-53, 521-70

Entry without consent

The landlord may, during any extended absence of the tenant, enter the dwelling unit as reasonably necessary for purposes of inspection, maintenance, and safekeeping, or for the other purposes mentioned above.

Emergency

Not specified

Notice

Two days.

Days and times

Not specified.

Reasons

Circumstances in which tenant is obligated to consent are to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.

Remedy on refusal

Not specified.

   

COMMENT:

Haw. Rev. Stats. Secs. 521-53, 521-70.  Landlord must give two days notice of intent to enter except where that is impractical or in an emergency.  A writing is not explicitly required.  Unless the premises have been abandoned landlord may only enter with tenant consent, which may not unreasonably be withheld.  Circumstances in which tenant is obligated to consent are to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply services as agreed; or exhibit the dwelling unit to prospective purchasers, mortgagees, or tenants.  The landlord may, during any extended absence of the tenant, enter the dwelling unit as reasonably necessary for purposes of inspection, maintenance, and safekeeping, or for the other purposes mentioned above.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

IDAHO:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 

 No statute, but the following is from a handbook published by the Idaho Attorney Generalís Office.

ďBecause Idaho law says nothing as to whether the landlord has the right to enter the premises, the rental agreement should reserve to the landlord the right to enter the property to make repairs, to inspect for damage, to show the property to prospective purchasers, and to show the property to prospective tenants near the end of the lease, as long as such entry is at a reasonable time and is done in a reasonable manner.  In addition, a provision should be included in the rental agreement explaining the landlord's rights when a tenant is in default in the rent and has been absent from the premises for a considerable period of time.

ďIf the rental agreement does not address the landlord's right to enter the premises, the landlord should notify the tenant as to the necessity of entry, requesting permission to enter in a reasonable manner.  The tenant should not refuse permission for reasonable entry by the landlord.

ďAlthough the law is not clear, a landlord who has reasonable cause to believe that damage is occurring to the property probably has the right to enter to inspect for damage.  However, if possible, arrangements for entry should be made with the tenant.Ē

ILLINOIS:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

INDIANA:

Citation

Indiana Code Sec. 32-31-5-6

Entry without consent

In case of emergency or if the tenant has abandoned the unit

Emergency

No notice required and may enter at any time if safety of occupants or property is threatened.

Notice

Reasonable.

Days and times

Reasonable.

Reasons

Inspection; to make necessary or agreed repairs, decorations, alterations, or improvements; to exhibit the premises to actual or prospective purchasers, mortgagees, tenants, workers, or contractors; or in case of emergency, abandonment or surrender of the premises.

Remedy on refusal

Not specified.

 COMMENT:

The landlord may enter the premises to make necessary or agreed repairs, decorations, alterations, or improvements; to exhibit the premises to actual or prospective purchasers, mortgagees, tenants, workers, or contractors; or in case of emergency, abandonment or surrender of the premises.  Reasonable notice of entry must be given orally or in writing except in the case of emergency threatening safety of occupants or property.  In case of abandonment or surrender of the premises, tenantís consent not required for entry.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 IOWA:

Citation

Iowa Code Secs. 562A.19, 28, 29

Entry without consent

Emergency or in case of tenant access in excess of 14 days.

Emergency

No notice required.

Notice

24 hours

Days and times

Reasonable

Reasons

To inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

Remedy on refusal

Not specified.

COMMENT:

Iowa Code Secs. 562A.19, 28, 29.  The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency.  Except in case of emergency or if it is impracticable to do so, the landlord must give the tenant at least twenty-four hours notice of the landlord's intent to enter and enter only at reasonable times.  Written notice not explicitly required.  If Tenant fails to do the things required of him to maintain the premises and this affects health and safety, then the landlord may enter and do what is necessary to correct the problem if the tenant does not correct it within a reasonable time if it is an emergency, or if not an emergency, seven days after a written demand for correction by the landlord.  Landlord may enter without notice as necessary during an absence by the tenant of more than 14 days.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 KANSAS:

Citation

Kans. Stat. Secs. 58-2557 and 2565

Entry without consent

Emergency

Emergency

In case of extreme hazard involving the potential loss of life or severe property damage landlord may enter any time without notice.

Notice

Reasonable

Days and times

Reasonable

Reasons

In order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  Landlord may enter unit as necessary in case of an absence by tenant of more than 30 days.

Remedy on refusal

Not specified

 COMMENT:

Kans. Stat. Secs. 58-2557, 2565.  The landlord has the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  The landlord may enter the dwelling unit without consent of the tenant in case of an extreme hazard involving the potential loss of life or severe property damage.  CAUTION:  the statute vaguely implies, but does not explicitly state, that the right to make a non-emergency entry can only be done with tenant consent, which probably means that the landlord must resort to legal remedies if the tenant does not consent to the entry, and certainly if the tenant explicitly refuses entry.  Written notices are not explicitly required.  Landlord may enter unit as necessary in case of an absence by tenant of more than 30 days.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 KENTUCKY:

Citation

Ky. Rev. Stats. Secs. 383.615, 383.670(2)

Entry without consent

Emergency or abandonment in excess of 7 days.

Emergency

No notice or consent.

Notice

Two days, if practicable.

Days and times

Reasonable

Reasons

Entry to inspect; make necessary or agreed repairs, decorations, alterations, or improvements; provide necessary or agreed services; or exhibit the dwelling unit to potential or actual purchasers, mortgagees, tenants, workmen, or contractors. Also in case of extended absence and emergency, or if tenant fails to discharge an obligation of tenancy affecting health or safety after 14 days notice.

Remedy on refusal

None specified.

COMMENT:

Ky. Rev. Stats. Secs. 383.615, 383.670(2).  The tenant shall not unreasonably withhold his consent to the landlordís entry for the following purposes:  inspect; make necessary or agreed repairs, decorations, alterations, or improvements; provide necessary or agreed services; or exhibit the dwelling unit to potential or actual purchasers, mortgagees, tenants, workmen, or contractors.  Landlord may enter without consent in an emergency.  If practicable, landlord must give two days notice of intent to enter and enter only at reasonable times.  If tenant fails to discharge his legal responsibility to maintain the premises causing a danger to health and safety, and tenant fails to fix the condition as promptly as conditions require in case of an emergency, or within 14 days of written notice otherwise, then landlord may enter and do the work.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 LOUISIANA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

MAINE:

Citation

Me. Rev. Stat. Title 14, Sec. 6025

Entry without consent

Only in case of emergency

Emergency

No notice required.

Notice

Reasonable, 24 hours presumed reasonable.

Days and times

Reasonable.

Reasons

Landlord may enter to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors

Remedy on refusal

None specified.

 COMMENT:

Me. Rev. Stat. Title 14, Sec. 6025.  A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.  A tenant may not change the lock to the dwelling unit without giving notice to the landlord and giving the landlord a duplicate key within 48 hours of the change.  Except in the case of emergency or if it is impracticable to do so, the landlord must give the tenant reasonable notice of his intent to enter and may enter only at reasonable times.  Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 MARYLAND:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  We offer an example of such a covenant here [link].  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

MASSACHUSETTS:

Citation

Mass. Gen. Stats. Ch. 186 Sec. 15B1

Entry without consent

See summary.

Emergency

See summary

Notice

None specified.

Days and times

 

Reasons

Landlord may include in his lease a provision permitting entry to inspect the premises; to make repairs thereto; or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease.

Remedy on refusal

See summary

COMMENT:

Mass. Gen. Stats. Ch. 186 Sec. 15B1.  Massachusetts grants no right of entry to the landlord except where the property appears to be abandoned or during the last 30 days of tenancy, to inspect for damage to be withheld from the security deposit.  Otherwise, the landlord may include in his lease a provision permitting entry to inspect the premises; to make repairs thereto; or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease.  No notice procedure is prescribed.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 MICHIGAN:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.   Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

MINNESOTA:

Citation

Minn. Stats. Ch. 504, Sec. 504B.211

Entry without consent

Emergency, illegal activity

Emergency

No notice required

Notice

Reasonable, except in emergency or to terminate illegal activity

Days and times

Reasonable

Reasons

Legitimate business purpose, which includes, but is not limited to, showing the unit to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent; showing the unit to a prospective buyer or to an insurance representative; performing maintenance work; allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes; the tenant is causing a disturbance within the unit; the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit; prearranged housekeeping work in senior housing where 80 percent or more of the tenants are age 55 or older; the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or the tenant has vacated the unit.

Remedy on refusal

None specified

COMMENT:

Minn. Stats. Ch. 504, Sec. 504B.211.  Landlord may enter only for a legitimate business purpose, which includes, but is not limited to, showing the unit to prospective tenants during the notice period before the lease terminates or after the current tenant has given notice to move to the owner or owner's agent; showing the unit to a prospective buyer or to an insurance representative; performing maintenance work; allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes; the tenant is causing a disturbance within the unit; the landlord has a reasonable belief that the tenant is violating the lease within the tenant's unit; prearranged housekeeping work in senior housing where 80 percent or more of the tenants are age 55 or older; the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or the tenant has vacated the unit.  The landlord must make a good faith effort to give reasonable notice of entry to the tenant in all circumstances unless immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement; immediate entry is necessary to determine a tenant's safety; or immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the tenant's premises.  If the landlord enters when the tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 MISSISSIPPI:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

MISSOURI:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

 Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.   Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

MONTANA:

Citation

Mont. Code Sec. 70-24-312, 70-24-425, 70-24-426

Entry without consent

Only in case of emergency

Emergency

May enter without notice or consent.

Notice

24 hours.

Days and times

Reasonable

Reasons

To inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors;  in case of tenantís failure to maintain after 14 days notice to remedy; or in case of absence for more than 7 days or abandonment.

Remedy on refusal

Not specified.

 COMMENT:

Mont. Code Sec. 70-24-312, 70-24-425, 70-24-426. Landlord, except in an emergency, may not enter without tenant consent, but a tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  The landlord may enter at any time in an emergency, without notice.  Otherwise, the landlord must give a minimum 24 hours notice if practicable and only enter at reasonable times.  Landlord may also enter if the tenant has abandoned or surrendered possession of the premises.  If the tenant permits the existence of a condition adversely affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the condition and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost, the fair and reasonable cost, or the fair and reasonable value thereof as rent on the next date periodic rent is due or, if the rental agreement has terminated, for immediate payment.  If the tenant is absent from the unit for more than seven days, the landlord may enter as necessary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 NEBRASKA:

Citation

Neb. Rev. Stats. Sec. 76-1423

Entry without consent

Emergency, abandonment, absence in excess of 7 days.

Emergency

No notice or consent required.

Notice

One day is presumed reasonable.

Days and times

Reasonable.

Reasons

To enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  One day notice is presumed reasonable.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency.  The landlord may enter the premises if the tenant has abandoned them.  During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

Remedy on refusal

None specified.

COMMENT:

Neb. Rev. Stats. Sec. 76-1423.  The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  One day notice is presumed reasonable.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency.  The landlord may enter the premises if the tenant has abandoned them.  During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so. 

NEVADA:

Citation

Nev. Rev. Stats. Sec. 118A.330, 118A.440

Entry without consent

In emergency or in case the tenant has abandoned the premises

Emergency

No notice or consent necessary

Notice

24 hours

Days and times

Reasonable times during normal business hours unless tenant agrees to entry outside normal business hours.

Reasons

To inspect the premises; make necessary or agreed repairs, decorating, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.  Landlord may enter the premises without notice or consent in case of emergency or in case the tenant has abandoned the premises.  If the tenant's failure to perform basic obligations can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to use his best efforts to comply within 14 days after written notice by the landlord specifying the condition and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner.  Except in case of emergency, landlord may enter at reasonable times during normal business hours unless tenant agrees to entry outside normal business hours.

Remedy on refusal

None specified

 Nev. Rev. Stats. Sec. 118A.330, 118A.440.  A tenant may not unreasonably withhold consent for the landlord peaceably to enter into the dwelling unit to:  inspect the premises; make necessary or agreed repairs, decorating, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.  Landlord may enter the premises without notice or consent in case of emergency or in case the tenant has abandoned the premises.  If the tenant's failure to perform basic obligations can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to use his best efforts to comply within 14 days after written notice by the landlord specifying the condition and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 NEW HAMPSHIRE:

Citation

N.H. Rev. Stats. Sec. 540-A:3

Entry without consent

Emergency repairs.

Emergency

 

Notice

Reasonable notice adequate under circumstances.

Days and times

 

Reasons

To make necessary repairs, or to perform other reasonable and lawful functions commonly associated with the ownership of rental property.

Remedy on refusal

Not specified.

COMMENT:

N.H. Rev. Stats. Sec. 540-A:3.  The landlord may not willfully enter into the premises of the tenant without prior consent, other than to make emergency repairs.  The tenant may not willfully refuse the landlord access to the premises to make necessary repairs, or to perform other reasonable and lawful functions commonly associated with the ownership of rental property at a reasonable time after notice that is adequate under the circumstances.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 NEW JERSEY:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.   Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

NEW MEXICO:

Citation

N. M. Stats. Secs 47-8-24

Entry without consent

Emergency.

Emergency

May enter without notice or consent.

Notice

24 hours.  This does not apply to entry by the landlord to perform repairs or services within seven days of a request by the tenant or when the landlord is accompanied by a public official conducting an inspection or a cable television, electric, gas, or telephone company representative.  When the tenant gives reasonable prior notice and alternate times or dates for entry and it is practical or will not result in economic detriment to the owner, then the owner shall reasonably attempt to accommodate the alternate time of entry.

Days and times

 

Reasons

To inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective tenants, workmen or contractors; abandonment; or emergency or abandonment.

Remedy on refusal

Injunctive relief or termination of tenancy

COMMENT:

N. M. Stats. Secs 47-8-24.  The tenant must, in accordance with provisions of the rental agreement and notice provisions, consent to the landlordís entry into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective tenants, workmen or contractors; provided that:  unless otherwise agreed upon by the parties, the owner may enter the resident's dwelling unit only after giving the resident twenty-four hours written notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the time frame of the entry.  This does not apply to entry by the landlord to perform repairs or services within seven days of a request by the tenant or when the landlord is accompanied by a public official conducting an inspection or a cable television, electric, gas, or telephone company representative.  When the tenant gives reasonable prior notice and alternate times or dates for entry and it is practical or will not result in economic detriment to the owner, then the owner shall reasonably attempt to accommodate the alternate time of entry.  The landlord may enter the dwelling unit without consent of the resident in case of an emergency.  The landlord may enter in case of abandonment.  ďAbandonment" means absence of the resident from the dwelling, without notice to the owner, in excess of seven continuous days; if such absence occurs after rent for the dwelling unit is delinquent.  During any absence of the resident in excess of seven days, the owner may enter the dwelling unit at times reasonably necessary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 NEW YORK:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy. Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

NORTH CAROLINA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

 Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  We offer an example of such a covenant here [link].  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

NORTH DAKOTA:

Citation

N.D. Century Code Sec. 47-16-07.3

Entry without consent

In an emergency

Emergency

No notice or consent necessary.

Notice

Reasonable

Days and times

Reasonable

Reasons

Landlord may enter for the purpose of inspecting the premises; for making necessary or agreed repairs, decorations, alterations, or improvements; for supplying necessary or agreed services; or for exhibiting the residential dwelling unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or contractors.

Remedy on refusal

Not specified.

COMMENT:

N.D. Century Code Sec. 47-16-07.3.  Landlord may enter at any time in case of emergency.  Otherwise, the landlord may enter only during reasonable hours, and in a reasonable manner, for the purpose of inspecting the premises; for making necessary or agreed repairs, decorations, alterations, or improvements; for supplying necessary or agreed services; or for exhibiting the residential dwelling unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or contractors.  Unless it is impractical to do so the landlord shall first notify and receive the consent of the tenant, which shall not be unreasonably withheld, which consent shall identify a time certain.  The tenantís consent is presumed from failure to object to access after notice of intent to enter at a time certain has been given.  Notice may be given by personal service, by posting the notice in a conspicuous place in or about the dwelling unit for a reasonable period of time, or by any other method which results in actual notice to the tenant.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 OHIO

Citation

Ohio Rev. Code Secs. 5321.04(8), 5321.05(B)

Entry without consent

In case of emergency or if notice and consent are impractical

Emergency

No notice or consent necessary.

Notice

24 hours is presumed reasonable.

Days and times

 

Reasons

The tenant may not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises; make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements; deliver parcels that are too large for the tenant's mail facilities; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen , or contractors.

Remedy on refusal

Injunctive relief, damages, attorney fees

COMMENT:

Ohio Rev. Code Secs. 5321.04(8), 5321.05(B).  Except in the case of emergency or if it is impracticable to do so, the landlord must give the tenant reasonable notice of his intent to enter and enter only at reasonable times.  Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.  The tenant may not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises; make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements; deliver parcels that are too large for the tenant's mail facilities; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen , or contractors.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 OKLAHOMA:

Citation

Ok. Stats. Title 41, Sec. 128

Entry without consent

Emergency

Emergency

No notice or consent necessary.

Notice

One day.

Days and times

 

Reasons

The tenant may not unreasonably withhold consent for the landlord, or his agents and employees, to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagee, tenants, workmen or contractors.

Remedy on refusal

Not specified.

COMMENT:

Ok. Stats. Title 41, Sec. 128.  The tenant may not unreasonably withhold consent for the landlord, or his agents and employees, to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagee, tenants, workmen or contractors.  A landlord, or his agents and employees, may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.  Where practical, the landlord must give one dayís notice of entry.  A writing is not specifically prescribed.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 OREGON:

Citation

Or. Rev. Stats. Sec. 90.332

Entry without consent

Emergency, or in certain areas in order to serve notices.  See summary.

Emergency

No notice or consent necessary, but see summary.

Notice

24 hours,

Days and times

See summary

Reasons

See summary

Remedy on refusal

Not specified

COMMENT:

Or. Rev. Stats. Sec. 90.332.  The statute dealing with landlord access applies to any space exclusively under the tenantís control, not just the dwelling area.  The landlord or, in some cases as set out below, a landlord's agent, may enter into the premises in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; perform agreed yard maintenance or grounds keeping; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.  The landlord or landlord's agent may enter upon the premises under the tenant's exclusive control not including the dwelling unit, without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted by law or the rental agreement.  In case of an emergency, a landlord may enter the without consent of the tenant, without notice to the tenant, and at any time.  ďEmergencyĒ includes, but is not limited to, a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises.  If the landlord makes an emergency entry in the tenant's absence, the landlord must give the tenant actual notice within 24 hours after the entry, and the notice must include the fact of the entry, the date and time of the entry, the nature of the emergency, and the names of the persons who entered.  If the tenant requests repairs or maintenance in writing, the landlord or landlord's agent, without further notice, may enter upon demand, in the tenant's absence, or without the tenant's consent, for the purpose of making the requested repairs until the repairs are completed.  The tenant's written request may specify allowable times, and if it does not the entry must be at a reasonable time.  The authorization to enter provided by the tenant's written request expires after seven days, unless the repairs are in progress and the landlord or landlord's agent is making a reasonable effort to complete the repairs in a timely manner.  If the person entering to do the repairs is not the landlord, upon request of the tenant the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.  A landlord and tenant may agree that the landlord or the landlord's agent may enter the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:  (A) is executed at a time when the landlord is actively engaged in attempts to sell the premises; (B) is reflected in a writing separate from the rental agreement and signed by both parties; and (C) is supported by separate consideration recited in the agreement.  If the rental agreement requires the landlord to do yard maintenance, then the landlord may enter the non-dwelling unit portions of the premises to do this work at reasonable times and with reasonable frequency, provided there is an agreement to that effect in writing.  Except as specifically mentioned above, the landlord must give at least 24 hours notice of intent to enter.  The tenant may block entry by giving the landlord notice, in advance of the proposed entry, that entry is refused.  This may be done by posting a note on the door or by any other method that results in actual notice.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 PENNSYLVANIA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.   Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

RHODE ISLAND:

Citation

R.I. Gen. Laws Secs. 34-18-26, 34-18-39

Entry without consent

In case of emergency, or, during any absence of the tenant in excess of seven days, if reasonably necessary for the protection of the property.

Emergency

No notice or consent necessary.

Notice

Two days.

Days and times

Reasonable

Reasons

To inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  Also in case of failure to maintain after notice to remedy, in emergency, or during absence in excess of 7 days if necessary for protection of the property.

Remedy on refusal

Not specified.

 COMMENT:

R.I. Gen. Laws Secs. 34-18-26, 34-18-39.  A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  A landlord may enter the dwelling unit without consent of the tenant in case of emergency, or, during any absence of the tenant in excess of seven days, if reasonably necessary for the protection of the property.  The landlord may also enter in case of abandonment.  If there is a failure by the tenant to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within twenty days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a skilled manner.  The landlord must give two days notice of intent to enter except in an emergency or if it is not practicable, and may only enter at reasonable times.  Written notice is not required.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 SOUTH CAROLINA:

Citation

S.C. Code Secs. 27-40-530, 27-40-720, 27-40-730

Entry without consent

(1) At any time in case of emergency Ė prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency; (2) between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, if the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and, before entering, the landlord announces his intent to enter to perform services; or (3) between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant if, before entering, the landlord announces his intent to enter to perform services.  Also in case of abandonment or failure to maintain; see summary.

Emergency

Notice and consent not required.

Notice

24 hours

Days and times

Reasonable

Reasons

To enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Remedy on refusal

Not specified

COMMENT:

S.C. Code Secs. 27-40-530, 27-40-720, 27-40-730.  A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.  A landlord or his agent may enter the dwelling unit without consent of the tenant:  (1) at any time in case of emergency Ė prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency; (2) between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, if the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and, before entering, the landlord announces his intent to enter to perform services; or (3) between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant if, before entering, the landlord announces his intent to enter to perform services.  Except as stated above to the contrary, the landlord must give at least 24 hours notice and enter only at reasonable times.  Written notice is not explicitly required.  The landlord may enter without notice or consent in case of abandonment.  ďAbandonmentĒ is either an unexplained 15-day absence with rent in default or any unexplained absence with rent in default and utilities shut off.  If there is a failure by the tenant to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the condition and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner. 

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 SOUTH DAKOTA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  We offer an example of such a covenant here [link].  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

 TENNESSEE:

Citation

Tenn. Code Secs. 66-28-403, 66-28-506, 66-28-507(b)

Entry without consent

Emergency.

Emergency

No notice or consent required.

Notice

Not specified.

Days and times

Reasonable.

Reasons

To inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.  The landlord may also enter in the event of abandonment by the tenant.  If there is a failure by the tenant to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner.  During an absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

Remedy on refusal

Not specified.

COMMENT:

Tenn. Code Secs. 66-28-403, 66-28-506, 66-28-507(b).  The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency.  "Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.  No notice period is specified.  The landlord may also enter in the event of abandonment by the tenant.  If there is a failure by the tenant to maintain the premises materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner.  During an absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 TEXAS:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

 UTAH:

Citation

Utah Code Sec. 57-22-5(2)(c)

Entry without consent

Not specified.

Emergency

Not specified.

Notice

Not specified.

Days and times

Not specified.

Reasons

The tenant may not unreasonably deny access, refuse entry, or withhold consent, to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.

Remedy on refusal

Not specified.

COMMENT:

Utah Code Sec. 57-22-5(2)(c).  The tenant may not unreasonably deny access, refuse entry, or withhold consent, to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.  No notice specified.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 VERMONT:

Citation

Vt. Stats Title 9, Sec. 4460

Entry without consent

Imminent danger to persons or property (emergency)

Emergency

No notice or consent needed.

Notice

48 Hours.

Days and times

Any day between the hours of 9:00 A.M. and 9:00 P.M.

Reasons

To inspect the premises; to make necessary or agreed repairs, alterations or improvements; to supply agreed services; or to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors; or for any other purpose if the tenant agrees.

Remedy on refusal

Not specified.

COMMENT:

Vt. Stats Title 9, Sec. 4460.  The landlord may enter the dwelling unit with the tenant's consent, which may not be unreasonably withheld.  A landlord may also enter the dwelling unit when necessary to inspect the premises; to make necessary or agreed repairs, alterations or improvements; to supply agreed services; or to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.  Such entries may be made between the hours of 9:00 A.M. and 9:00 P.M. on no less than 48 hours' notice.  A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 VIRGINIA:

Citation

Va. Code Secs.  55-248.15, 55-248.32, 55-248.33

Entry without consent

Emergency or impracticality of obtaining consent.

Emergency

No notice or consent required.

Notice

24 hours.

Days and times

 

Reasons

To inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  Absence more than seven days.  Failure to maintain for more than 14 days notice from landlord to do so.  See summary.

Remedy on refusal

None specified.

COMMENT:

Va. Code Secs.  55-248.15, 55-248.32, 55-248.33.  The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, decorations, alterations or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency.  Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant reasonable notice of his intent to enter and may enter only at reasonable times.  If there is a failure by the tenant to maintain materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply within fourteen days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the premises and cause the work to be done in a workmanlike manner.  During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary to protect his, the landlordís, possessions and property.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

WASHINGTON:

Citation

Wash. Rev. Code Sec. 59.18.150, 59.18.180

Entry without consent

Emergency.  See summary for tenant failure to maintain rental unit.

Emergency

No notice or consent required.

Notice

Two days, one day to show unit to prospective or actual purchasers or tenants.

Days and times

Not specified.

Reasons

To inspect the premises; make necessary or agreed repairs, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  See summary for tenant failure to maintain rental unit.

Remedy on refusal

Not specified.

COMMENT:

Wash. Rev. Code Sec. 59.18.150, 59.18.180.  The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed repairs, alterations, or improvements; supply necessary or agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.  The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.  Except in the case of emergency or if it is impracticable to do so, the landlord must give the tenant at least two days' notice of his or her intent to enter and shall enter only at reasonable times.  The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants.  In the event of the tenantís failure to maintain the unit, which failure substantially affects the health and safety of the tenant or other tenants, or substantially increases the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant must correct the condition within thirty days after written notice by the landlord specifying the noncompliance, or, in the case of emergency, as promptly as conditions require.  If the tenant fails to remedy the condition within that period the landlord may enter the dwelling unit and cause the work to be done.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so. 

WEST VIRGINIA:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

 Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  We offer an example of such a covenant here [link].  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property. 

WISCONSIN:

Citation

Wis. Stats. Sec. 704.05(2)

Entry without consent

Emergency

Emergency

No notice required, force may be used to enter.

Notice

ďAdvance notice.Ē

Days and times

 

Reasons

Landlord may enter to inspect the premises, make repairs, and show the premises to prospective tenants or purchasers.

Remedy on refusal

None specified.

COMMENT:

Wis. Stats. Sec. 704.05(2).  The landlord may upon advance notice and at reasonable times inspect the premises, make repairs, and show the premises to prospective tenants or purchasers.  If the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

 WYOMING:

Citation

None.  In absence of statute, following recommendations are made on basis of common sense and good manners.

Entry without consent

Yes, provided reasonable notice of time and place given or landlord reasonably believes tenant has abandoned premises.

Emergency

May enter without notice provided notice impractical.

Notice

Reasonable, minimum 24 hours, more if feasible, without notice if tenant present and agrees.

Days and times

Normal business hours, 8:00 a.m. to 6:00 p.m., M Ė F, unless tenant agrees otherwise.

Reasons

Emergency; necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

Remedy on refusal

 

Misc.

 

Remarks

 
   

Entry in the absence of a statutory procedure. 

A landlord has no inherent right to enter his tenantís dwelling unit.  The essence of the lease is that it transfers the right of occupancy from the landlord to the tenant.  This right of occupancy is what the tenant pays for when he pays his rent.  In connection with this right is an implied or explicit covenant of quiet enjoyment of the premises, which binds the landlord to leave the tenant to hold the premises in peace for the term for which the premises are let to him.

In the absence of a statute, which most states have, permitting the landlord a right to enter under specified circumstances, the parties may contract to confer this right on the landlord as a condition of tenancy.  We offer an example of such a covenant here [link].  Keep in mind, also, that there may be rules pertaining to a landlordís right to enter the dwelling unit related to rent control, if the landlordís property is covered by it.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows.  1.  Enter as infrequently as possible.  2.  Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant.  3.  Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

A tenant must recognize that the landlord has entrusted a serious portion of his net worth to him for use as his residence.  Even if there are no obvious repairs, it is important for a landlord to view his property from time to time, say, twice a year, perhaps to do occasional routine maintenance that might not be obvious, or even just to ensure that there are no small problems that threaten to become large ones if not tended to early on.  The covenant of quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of the benefit of the rental agreement, not to enforce a landlordís neglect of his property.

For the sake of retention of oneís tenants and the avoidance of strife during tenancy, the keys to exercise of the right to entry are as follows. 1. Enter as infrequently as possible. 2. Always give ample notice and, if possible, allow rescheduling of the entry at least once to accommodate the tenant. 3. Always enter with a clearly defined objective in mind, and notify the tenant of it unless there is a strong reason not to do so.

© 2014 Landlord.com. All rights reserved. No unauthorized reproduction of the contents of this publication is permitted. Any violators will be prosecuted to the fullest extent by law.  See copyright warning

 
 
 

Landlord.com HomeEvicting Your TenantJOIN Landlord.com