November 21, 2008, Newsletter Issue #108: When Landlord Can Enter Rental

Tip of the Week

When renting a home, a very common problem is the tenant’s privacy and entering the rental unit. There have been many problems of landlords and property managers entering rentals without permission of tenants. Landlords must give notice to tenant’s before they can enter a rental, except in the case of an emergency. A landlord must receive a tenant’s consent before they or people hired by the landlord can enter a tenant’s rental. A tenant cannot unreasonably deny access to the landlord. Below are the landlords required notice periods:

A landlord must give tenant 24 hours advance notice if the landlord would like to show the rental to a prospective tenant or buyer.A landlord must give tenant 48 hours advance notice if the landlord wants to enter rental for an inspection or to do work or repairs.The landlord does not have to give advance notice if they must enter the rental for an emergency.If the landlord leaves a note on the door of rental or a message on the tenant’s answering machine and does not hear a “no” back from the tenant or receive a call to reschedule, the landlord may enter the rental.
A tenant cannot “unreasonably deny access” to the landlord. It is a good idea to communicate with the landlord in writing when rescheduling. Laws vary state-by-state, check with your state for specific laws and regulations on landlord notice periods.

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