Rental agreements and rental forms from Rhol.com

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Some landlords mistakenly assume that they can enter their rental units whenever they wish – after all, it is their property. Many who realize that their state requires advance notice of entry do not fully understand the potential risks associated with entering under various specific scenarios. Even entering for an "in case of emergency" situation is not without risk.



Improperly entering can result in damage to landlord-tenant relations. In the worst case, the landlord can be subject to lawsuits over damaged or missing tenant property, even criminal prosecution.



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Currently, the statutes of about one-quarter of states do not explicitly cover the issue of entry. For those states whose statutes do not even mention the issue of entry, landlords should still use discretion when making entry, as conflicts regarding entry can still arise in those states under various legal principles including invasion of privacy and criminal trespass.



Most states’ landlord-tenant laws include provisions regarding advance notice prior to access, with notice periods most often being 24 to 48 hours. However, some states require "reasonable" notice, whatever that means. Even when a specific period is defined by statute, the manner of notice may not be defined nor does the statute usually mention whether or not any response need be received from the tenant.



It is also advisable that the lease cover the schedule of regular safety and maintenance inspections; the method(s) by which notice will be given (i.e., phone, email, or written notice); whether or not a response by the tenant is required; what the landlord will do if the tenant fails to respond; what must be done if the tenant specifically denies the entry; and what type of events will be considered an emergency. Be sure that the lease clauses do not in any way contradict state law.



The privacy of tenants should be respected. Visits should be kept to a minimum and landlords should be willing to negotiate a mutually agreeable schedule for access. As for many management issues, communication is often key to minimizing conflict.



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