Try for free

Start Free Trial
inspection laws

Landlords have invested hundreds of thousands in their properties and quite fairly want to ensure their rentals are looked after and maintained properly. However, tenants also have a right to privacy and the quiet enjoyment of their home.

In order to respect this right to privacy, landlords need to follow best practices and be aware of state rental property inspection laws that stipulate when, how, and under what circumstances a landlord can enter a rental property. In this article, we take a look at when and how frequently landlords are allowed to inspect a rental property.

About A Tenants Right To Privacy

Numerous state and local laws ensure that a tenant has the right to a certain level of privacy. However, a landlord must have certain access to the property he or she owns in order to do inspections, make repairs, and so forth. Finding that balance is the task of state lawmakers, who have specifically outlined what is required of both parties.

There are certain landlord behaviors that tenants (and the law) consider invasive, which includes but is not limited to:

What Is A Too-frequent Rental Property Inspection?

  • Impromptu visits or entering without tenant permission
  • Visits without proper notice in writing
  • Written notices that don’t specify time or date
  • Allowing others, such as service technicians, enter unaccompanied
  • Conducting inspections and other work outside of reasonable hours
  • Using entry to harass a tenant

Landlords who violate a tenant’s right to privacy must answer to law enforcement and may even face trespassing charges or a trip to small claims court for violating notice rights and so forth. Both landlords and tenants should become very familiar with their state’s laws that detail a tenant’s right to privacy as well as the requirements for landlords to enter an occupied rental property.

How Often Can A Landlord Inspect A Rental Property?

There is a fine line between being a concerned landlord and a nosy intruder. How often can a landlord inspect a property? Unfortunately, there isn’t a set number. Property inspection frequency all comes down to three elements: the purpose of the rental property inspection, landlord professionalism, and tenant privacy.

An inspection should be to check that the property is still in good conditions, that the tenant hasn’t damaged it, and that there are no maintenance issues in need of immediate repair. Often this is little things like replacing fire alarm batteries and checking for leaks in the bathroom and kitchen

Landlords, however, mustn’t harass their tenants when it comes to inspections. Inspections that are too often will impede on a tenant’s right to privacy. Ultimately landlords should be professional and set regular inspection times. For example, annually, or every six months.

What Is The Best Way For A Landlord To Handle A Rental Property Inspection?

Firstly, landlords should make sure there is a clause in their lease that stipulates the landlords right to enter on the grounds of routinely inspecting the property. The clause might look something like the example below:

Landlord’s Access for Inspection and Emergency:

Landlord or Landlord’s agents may enter the Premises in the event of an emergency, to make repairs or improvements, or to show the Premises to prospective buyers or renters. Landlord may also enter the Premises to conduct an annual inspection to check for safety or maintenance problems. Except in cases of emergency, Tenant’s abandonment of the Premises, court order, or where it is impractical to do so, Landlord will give Tenant forty-eight (48) hours’ notice before entering.”

Secondly, apart from under certain circumstances landlords should give plenty of notice before entering the property in order to respect the tenant’s right to privacy. For example, if you know you’re going to do an inspection every six months let the tenant know when they move in and write it into your lease. When it comes time to actually do the inspection landlords need to make sure to give adequate notice before the inspection.

Generally, states stipulate that written notice needs to be given between 24 – 48 hours notice before the inspection. However, some states have no regulations regarding the notice period. Despite this, it’s still recommended, even in those states with no statute, to act with professionalism and give tenants plenty of warning before entering a property.

When Can A Landlord Enter a Property?

While there are some variations between states, most state laws outline the situations where landlords can enter an occupied rental unit.

The laws in some states are specific, while other states don’t even have statutes addressing the issue. For states with landlord entry laws, there is a range of variations, so it’s critical that both landlords and tenants become familiar with each specific situation so they can either exercise or defend their rights.

Landlord entry allowances can generally be divided into 6 situations that clearly define when a landlord has the right to enter the rental property that he or she owns, as well as what they can and cannot do there.

If There Is An Emergency

In the event of an emergency, for example, a neighbor might report that they smell a gas leak, can see smoke or fire, or have noticed flooding. In this scenario, the landlord has the right to enter the property in order to take care of the issue. The landlord can enter without the tenant’s permission in this scenario using their own key.

For A Routine Rental Property Inspection And Maintenance

With proper written notice, landlords have the right to enter the property for several purposes. Firstly, landlords can conduct routine inspections of the property to ensure it is being looked after and check for any maintenance requirements. Secondly, should maintenance be scheduled, the landlords need to give proper notification to the tenant. Thirdly, the landlord needs to notify the tenant if they plan to enter the property to show the property to prospective tenants.

The rental property inspection laws in this scenario do vary from state to state. State laws determine the following:

  • What kind of notice needs to be given?
  • How the notice news to be given?
  • How long the notice period needs to be?

Generally, landlords must also only enter the property within what the law outlines as reasonable hours—generally defined as during normal business hours from 8:00 a.m. to 5:00 p.m. on weekdays.

If A Tenant Has An Extended Absence

If a tenant has left the property for an extended time, for example, a long holiday, the landlord has the right to check up on the property. Generally, an extended absence is longer than 7 days, though some states define extended absences differently.

When the Tenant Requests

A landlord can enter the rental property if a tenant requests them to do so. For example, if the tenant requests that the landlord perform maintenance and the tenant agrees to allow entry, the landlord can enter the property, even if the tenant is not home.

As long as tenant permission is given, either in writing or verbally, the entry will not be considered illegal. Written notices are the safest and best way to ensure that both landlords and tenants understand what is happening and when, however, some situations require more immediate attention than others.

If The Landlord Suspects The Property Has Been Abandoned

If a landlord suspects that the property has been abandoned and they have sufficient evidence to back up this suspicion they can enter legally to gather further evidence of abandonment.

Reasonable evidence that might lead a landlord to conclude a tenant has abandoned a unit could include:

  • The tenant has shut off the rental property’s utilities.
  • Other residents or neighbors have reported the tenant saying they intended to move out.
  • A change of address filed with the post office.
  • Witnesses saw the tenant moving furniture out recently.
  • The tenant was recently served a 3-day pay or quit notice and is not responding to communication attempts. Lack of payment of rent is NOT reasonable evidence. Should the tenant not pay you must follow the law to the letter and begin eviction proceedings.

It’s advisable to check with a lawyer to make sure you follow the correct procedure. Once you have determined the property is abandoned, you will need to file a Notice of Belief of Abandonment which will give your tenant time to respond before you start securing the property. This is a legal document outlining the reasons you believe the property has been abandoned, an itemized list of any belongings left behind, as well as applicable deposit deductions.

Final Words About Rental Property Inspection Laws

Landlords must be careful to not overstep their authority when inspecting their properties and must behave professionally within the confines of the law. This is important not only to avoid potentially expensive legal suits but also to ensure your tenants have a good renting experience and ultimately help with tenant retention. However, rental inspections do need to be routinely carried out and landlords will need to enter their rentals on occasion. When doing so they should keep the following in mind:

  • Be familiar with state and local rental inspection laws.
  • Outline inspection provisions in the lease or rental agreement.
  • Always give the proper written notice before entering.
  • Consider using property management software to set reminders and automate communications.
  • Always be professional when interacting with tenants.

You should be providing a safe and well-maintained property for your residence and as such, the question isn’t really how often can a landlord inspect a property, but rather how does a landlord go about conducting an appropriate inspections within regulations to the benefit of both parties.

Try Landlord Studio

* 14 day free trial. No credit card required.

LandlordMaintenance

Ben Luxon

Ben is the editor and lead writer for Landlord Studio. He has worked with real estate professionals all over the world and written educational articles on tech, real estate, and financial growth for sites such as Forbes, TechBullion, and Business Magazine.

×

Start your free trial of Landlord Studio

Start Free Trial

Try Landlord Studio free for 14 days, no credit card required. Plans start from $5.99/month.

×

Welcome! Where would you like to log in today?

Landlords →
Tenants →