Can a Landlord Enter the Property Whenever They Want?

Written on June 27, 2016 by , updated on December 9, 2016

Can a Landlord Enter a Property?Territory wars – that’s really what it’s all about.

We witness territorial behavior among animals and humans all the time. But why? There are a variety of theories, but two reasons are common to most:

  1. Competition
  2. Dominance

So you can imagine that when it comes to property rights, particularly about whether a landlord can enter the property and when, landlords and residents both are marking their territory … well, not literally (we hope!).

The Status Quo

The unfortunate truth is that too many landlords and property managers think they can just show up whenever they want. Lucky for you, that couldn’t be farther from the truth.

Landlord Math

Related: Tip #17: NO!, You Can’t Just “Pop-In”

The Landlord Owns the Property

As a renter, ideally, you think of your rental property as your home. You’ve set up residence, have decorated, and are living your life there. In your mind, this is your space.

But you know deep down that the property you rent really isn’t “your” house. The rent you pay gives you many rights, but someone else owns the place, and with ownership comes rights, too.

So where do a landlord’s rights to enter their own property and a tenant’s right to privacy begin and end?

The lines between landlord and tenant rights are often blurred.

Required Notice Varies by State

One way to find the answer is to look up your state’s law. Some states have specific laws on how much notice a landlord must give a tenant before coming over — which is usually 24 hours.

If your state specifies how much notice a landlord must give, then that’s that. If your landlord doesn’t give you notice before coming over, let them know the statutory requirement in your state, and ask that they obey it – regardless of what the lease says.

Ask for a Clause in the Lease

If you live in a state that doesn’t specify when a landlord can enter the property, you can request that your landlord give you 24 hours’ notice before coming by. You can even ask that this be put in the lease before you sign it. This request is reasonable.

It’s a red flag if a landlord refuses to give you 24 hours’ notice before coming over.

The state where I live and own rental property has no formal statute on this matter, so I spell this out in my standard lease, as such:

5 Legitimate Reasons a Landlord Can Enter a Rental

Your landlord should leave you alone for the most part, which is basically what is meant by “quiet enjoyment,” a legal term that gives residents the right to enjoy the property they rent undisturbed.

But there are times when the landlord or their representative, such as a property manager, needs to come over.

1. Routine check for maintenance and safety issues

It’s typical for landlords to make a yearly, semiyearly, or quarterly inspection of the property. This allows them to protect their investment by allowing them to inspect and maintain it.

2. An emergency

If there’s a fire, water leak, or any other type of emergency, the landlord can enter with no notice to take care of the problem.

3. When a repair or service is needed

If you notified the landlord when something needs fixing, the landlord or a repair person can enter the property to get it taken care of. The landlord needs to give you notice before they or a repair person will be there.

4. To show the property

Landlords have the right to enter their rental property when they wish to show it for sale or rent. The landlord should notify you in advance, and when that time comes, you need to let them in.

Landlords, however, cannot show the property excessively. But what’s excessive to one party might not be to another. Generally, if the landlord keeps showings to two or three days during the week and maybe every other weekend that isn’t considered excessive. But daily showings probably would be.

Related: Tenants’ Rights when Selling an Occupied Rental Property

5. When you leave for an extended period

If you leave for an extended period, which is usually more than a week, the landlord typically has the right to enter the property to ensure everything is okay and to perform any preventive maintenance tasks.

What If You Don’t Let Your Landlord In?

If you don’t like the idea of your landlord ever coming in, you need to wrap your head around the idea that your landlord can come by for a valid reason.

You’re not allowed, in most states, to take self-help measures, such as changing the locks and not giving your landlord a key.

And you’re not allowed to “just say no” if your landlord is coming over for a valid reason and (unless there’s an emergency) gives you proper notice. If you do refuse entry, the landlord can come in anyway, and then potentially even terminate your lease for the violation.

Related: Lock Lock, Who’s There? The Rules for Changing Locks

Bottom Line

If your landlord plays by the rules regarding when they can enter the property, you need to also. Otherwise, you might not have your lease renewed. And if you’re a month-to-month tenant who’s being uncooperative, you might receive a notice to vacate in the near future.

But if your landlord is violating your privacy rights as a tenant, you could sue your landlord or possibly break the lease.

Get our free newsletter

Join 200,000+ landlords

  • ​Tips to increase income
  • Time-saving techniques
  • ​Powerful tools & resources

129 CommentsLeave a Comment

  • Christy Cook

    After ten years of settling in our landlord decides to move back here and take the farm over. My husband and I have until June to find a place. He has already been moving his tractor and other stuff witch he is storing in the garage that we’re paying rent and electricity on. The garage is separate from the house but we still pay rent and electricity on it and keep my truck in it but he has had his stuff on the opposite side the whole 10 years to where my husband has not had no place to put his truck but the point is now we feel like he’s moving in on us by moving his stuff in little by little we feel like we’re being crowded, and or pushed out and we’re paying electricity and rent. It’s like he can’t wait till we’re out before he starts

  • Sierra

    So, my roommates and I rent a property that has a house and unattached garage (in the back yard). Because of mold and a damaged roof, our landlord doesn’t let us have access to it. However, his family uses it as a secondary storage location, and they let other people come and go on the property to drop off and pick up stuff. They walk right by our bedrooms into the back yard. We don’t get any notice when these people come. Is this allowed? They’re on the property, but they’re not entering the house. Is it within our rights to tell them we require a two day notice for this?

Join the Discussion

Your email address will not be published. Required fields are marked *

 characters available. Be short, sweet and to the point.