In all 50 states, landlords must respect tenant privacy and do not have a right to enter a rental property unless they follow the proper procedure.
The most common procedure is to issue a Notice to Enter, which must include a valid reason for entry, and inform the tenant of a date and time when the landlord will enter the rental property.
Occasionally, a landlord might have to enter a rented property, which they can do with a valid reason. It could be responding to the tenant's request to fix something or after receiving a complaint about possible property destruction. Nearing the end of a lease, a tenant may also need to show the place to prospective tenants.
In these situations (and other valid reasons), the landlord can issue a Notice to Enter and notify the tenant in advance of the date and time. The only exception in which this notice is not needed is if a landlord has to respond to a valid emergency. In the specific case of an emergency, the landlord has a right to enter the rental property without prior notice.
Depending on your state, a Notice to Enter may also be known as:
If you are a landlord and have to enter a rental property that you own, you must notify your tenant with a Notice to Enter. The tenant can reject your plan to enter the rental property if you do not have a valid reason.
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Only the landlord has to sign the Notice to Enter. If other than the landlord, the party delivering the notice might also have to sign. It does not have to be notarized.
Print out a copy of the Notice to Enter that you generated on 360 Legal Forms, sign it, and make a copy for your record before sending it to your tenant. The notice can be used as a defense in family court if the tenant accuses you (the landlord) of an illegal entry.
In most states, landlords must notify a tenant at least 24-48 hours before making an announced visit to the rental property.
For privacy reasons and more, a landlord's unannounced visit to a rental property can be considered trespassing or harassment. In return, it would be within the tenant's right to issue an Invasion of Privacy, which can be used as a basis to sue the landlord for damages in a small claims court.
Yes, the tenant and the landlord can work out a time and date that works for both parties. Generally speaking, business hours are considered reasonable and unobjectionable.
Assuming that the landlord has a valid reason in a properly sent Notice to Enter, the tenant does not have a right to refuse entry to the landlord. However, if the reason is not valid, the landlord does not have a right to enter, and the tenant can refuse to let the landlord in.
Among others, valid reasons for Notices to Enter include:
Generally, you will hand deliver or affix the notice to the tenant’s door. You may mail the notice as well, but if you do then you’ll have to factor in mail delivery time to be compliant with the state’s notice requirements.
You do not need to file the notice in court; however, you should retain a copy of the notice for your records in the event you need to show proof before a judge.
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