When can you enter your tenant’s apartment unbidden? Here’s what you need to know to legally access a tenant’s unit.
There’s a balancing act between a landlord’s right of entry and their tenants’ privacy and the “implied covenant of quiet enjoyment.” At times the rights clash. It’s important that both parties understand their rights, as well as the rights of the other party. There will be times that as a landlord or property manager you’ll have to enter your tenant’s home. When these occasions arise, you should enter legally by sending what’s known as a “notice to enter” letter.
What is a notice to enter letter?
This is a formal, written notice in which you inform your tenant that the property manager or landlord will need access to the rental unit at a particular date and time, the reason for the need to enter and the point of contact details.
Sometimes, a third party will need entry to a unit. If a plumber, for example, has to do repairs (noted in the letter), state the plumber’s name and their arrival time in the notice to enter letter.
It’s also good to have information regarding notice to enter in your lease agreement so prospective tenants know up front, for example, what you mean by “written notice.” Will a note come by email? Will it be handwritten?
The notice to enter letter is not only a recognition of your rights as a landlord and the tenant’s right to privacy, but it’s also a courtesy.
Why would you need a notice to enter?
If there’s an emergency — smoke is pouring from under a tenant’s door, there’s a flood, water is leaking through a ceiling — time is likely of the essence. And you don’t need to have the notice to enter letter to get into a tenant’s unit.
But there are several non-emergency situations in which you must enter a tenant’s apartment and have to have the notice to enter letter. These instances include property or appliance repairs and upgrades, unit inspection (which should occur when a tenant moves in and moves out and perhaps twice a year during a tenant’s lease), pest control or showing the property to prospective new tenants or buyers.
When do you have to deliver a notice to enter?
In most cases, except in emergencies, you can only enter a tenant’s home during “normal business hours,” i.e., 9 a.m. to 6 p.m. Monday through Friday. In addition, you must give a tenant “reasonable notice.” In most cases, this is 24 hours in advance but check your state laws.
Each has its own rules and regulations regarding the type of notice a landlord must give. There are also rules around when, why or how to give a notice to enter. For example, Massachusetts has no notice-of-entry law. In New York, landlords must give notice of entry for non-emergency maintenance and repairs and for showings to prospective tenants. Hawaii landlords must give at least 48 hours’ notice of intention to enter. In Montana, you can send a notice to enter via email (if they provide an email in the lease or rental agreement), hand deliver, mail with a certificate of mailing or by certified mail or a post on the main entry door of the unit.
What if my tenant is away for an extended period?
If your tenant is gone and there’s an emergency, you can enter without notification. But if there’s no emergency and you need to perform basic maintenance or check for damages if an apartment above had water issues, you may need to get notice to your tenant.
But check your state laws — which will define what an “extended absence” (a week? More?) means and whether you can legally enter the unit at all if there’s no emergency.
What if my tenant refuses to allow me to enter?
It is possible that particular date or time doesn’t work. Work cooperatively with your tenant, and if it’s not an emergency, try to arrange a visit that fits everyone’s schedule.
But if their refusal seems unreasonable or becomes a real impediment to you doing your job, you can take legal action by suing the tenant for damages or loss if that’s the case. Whatever you do, never force entry into a tenant’s home.
What if I don’t write a notice to enter?
If there’s no emergency and you enter a tenant’s apartment without notice, you’re violating their rights. Your tenant will likely ask you to leave. But if you don’t, or if you continue to show up unannounced, they may sue you in small claims court. They might cite privacy violation, trespass or unreasonable interference.
No one wants to end up in court. Especially when there’s the simple solution of just writing a notice to enter letter.
How do I document my actions?
As with everything you do when it comes to managing your property, you should document everything. Keep good records by taking notes during conversations and marking a calendar with your movements on the property. If there are ever questions about why you entered a tenant’s home without a notice to enter letter, you need to explain the urgent nature of the entry. If there was a repair person involved, have him or her back up your claim in writing.
And if you’ve written a notice to enter letter, keep a copy for your records.
It’s all a balancing act
As a landlord, you walk a fine line between your tenants’ right to quiet enjoyment of the property and your need to keep that property safe and habitable. Treat your tenants with respect. If you need to enter their property, do so legally. And give them the courtesy of a notice to enter letter, even if your state doesn’t require it.
Put information into your lease agreement so prospective tenants are aware that landlords and property managers may someday need to enter their unit and how much notice they’ll receive.
Source: rent.com