At some point, you as a landlord will need to enter your tenant’s apartment. However, there are many cases where you need tenant permission before entry. Not only is this legally required under most leases, but it is also common courtesy. Showing up unexpectedly or even barging in on a tenant could present an uncomfortable situation for both parties.
At the same time, there are also instance when you don’t need a tenant’s permission to enter their residence. Here we go through the different situations that do and don’t require tenant permission for entry.
When You Need Tenant Permission
As a general rule of thumb, any non-emergency situation requires a tenant’s approval for entry. This could include non-emergency maintenance, viewing the property before a tenant moves out, and more. Additionally, most states require landlords to give at least 24 to 48 hours’ notice to a tenant before entering.
When You Don’t Need Tenant Permission
As long as the proper requirements of the law have been met and the tenant has been informed, there is no legal reason a tenant must accompany the landlord. There are, however, situations that would allow landlords to enter without advance notice.
Most state laws permit a few situations in which it is not necessary for a landlord to provide advance notice in order to enter a tenant’s unit. These situations include:
- When the tenant consents in advance to an earlier entry
- A health or safety emergency is present either inside the home or directly outside
- When a tenant is being evicted
Landlords should always be aware of their rights in order to legally and effectively deal with tenants and their rental property units. Aaron Cox Law can help you navigate landlord tenant law with ease. Contact us today to learn more.