A Landlord Notice to Enter is a formal notification from a landlord to a tenant indicating that the landlord will access the dwelling unit on a specified date and time. Landlords must provide written notice to tenants before entering the dwelling unit. This notice is generally required for non-emergency situations such as repairs, inspections, or showings to potential tenants or buyers.
Notice Is Required
Landlords must provide a specified number of days’ written notice before entering a tenant’s property for inspections, repairs, or other necessary purposes, except in emergencies.
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How to Write and Serve a Landlord Notice to Enter
Step 1: Understand the Purpose of Entry
Before drafting the notice, you need to clearly define the reason for entering the property. Common reasons include:
- Repairs or Maintenance: Scheduled or tenant-requested repairs, whether necessary or agreed repairs.
- Inspections: Routine checks for property condition or damage.
- Showings: To prospective renters or buyers. Tenants should not unreasonably withhold consent for showings.
- Lease Violations: Verifying unauthorized tenants, pets, or other lease breaches.
- Abandonment or Emergencies: Suspected abandonment or for emergency situations like leaks, fires, or gas issues.
Why this matters: Specifying the reason helps tenants understand the necessity of entry and avoid disputes.
Step 2: Determine the Legal and Reasonable Notice Period
Each state has different laws regarding the required notice period. Research your state’s laws to determine how much notice you need to provide before entering:
- 24-Hour Notice: Common in states like California, Florida, and Nevada.
- 48-Hour Notice: Required in states such as Washington and Arizona.
- Reasonable Notice: States without a specific law may require “reasonable” notice, often interpreted as 24 to 48 hours, depending on the situation.
Check your local landlord-tenant statutes to ensure compliance:
| State | Required Notice | Statutes |
|---|---|---|
| Alabama | 2 days | § 35-9A-303 |
| Alaska | 24 hours | AS 34.03.140 |
| Arizona | 2 days | ARS 33-1343(D) |
| Arkansas | N/A | § 18-17-602 |
| California | 24 hours | § 1954 |
Step 3: Draft the Written Notice
When writing the notice, make sure to include the following key details for a proper notice:
- Landlord’s Name and Contact Information: Full name, address, phone number, and email.
- Tenant’s Name: The full name of the tenant as listed on the lease.
- Property Address: The rental property address, including unit number, if applicable.
- Date of Notice: The date when the notice is being issued.
- Reason for Entry: Clearly state why you need to enter the property (e.g., repairs, inspection, showing).
- Date and Time of Entry: Specify the exact date and approximate time (e.g., between 10:00 AM and 12:00 PM). Ensure the time is during normal business hours.
- Rescheduling Option: Offer tenants a way to contact you if the proposed time is inconvenient.
- Signature Line: Space for the landlord’s signature and date of signing.
Providing a written notice is essential to ensure compliance with relevant laws and to respect tenant privacy rights.
Step 4: Deliver the Notice
The method of delivery is important to ensure that the tenant receives the notice in a timely manner. Common methods include:
- In-Person Delivery or Posting: You can personally hand the notice to the tenant or post it on the front door of the rental unit. Posting a copy on the door is often used when the tenant is not present. Landlords must provide prior notice before entering, except in emergencies.
- Mail Delivery: Send the notice via standard or certified mail. If using regular mail, send it several days in advance to ensure it arrives on time. Certified mail provides proof of delivery, which can be useful for legal documentation.
- Electronic Delivery: In some states or lease agreements, you may send the notice via email or text message, though this is not universally accepted. Ensure that this method complies with your local laws and lease terms.
If a tenant refuses access, a landlord may need to obtain a court order to enter.
Step 5: Confirm Compliance with Tenant’s Rights
- Reasonable Hours: The landlord must usually enter during normal business hours (e.g., 9:00 AM to 6:00 PM). This protects tenants’ right to “quiet enjoyment” of the property. The property owner must respect tenant rights while exercising their right to enter.
- Tenant’s Presence: Tenants do not need to be present during the entry, but the notice should give them the opportunity to be there if they choose. If the tenant cannot be present and the time is inconvenient, they may request a reschedule. The terms of the rental agreement must be followed when entering the property.
Step 6: Maintain a Record
Always keep a copy of the notice, delivery receipts (if mailed), or other proof that the notice was given, such as a photograph of the posted notice on the door. This can protect you in the event of legal disputes regarding unauthorized entry or failure to notify.
Additionally, landlords may recover reasonable attorney fees if tenants were proven to unreasonably withhold consent for entry.
Step 7: Proceed with the Entry
Once the notice has been served and the notice period has elapsed, you can enter the property at the agreed time. Landlords may enter to show the property to actual purchasers.
Ensure that the entry is done professionally, respecting the tenant’s privacy. If the tenant objects or refuses entry without a valid legal reason, depending on the state, legal intervention may be required.
Landlord Notice to Enter Sample
