How to Gain Entry into a Tenant’s Apartment – Notice to Enter

Learn how to get legal entry to a tenant’s flat. To advise the renter of their plans, landlords must normally give a signed Notice to Enter.

A landlord may need to enter a tenant’s unit for a number of reasons and must typically issue a written Notice to Enter to alert the tenant of his or her purpose. The following are common grounds for seeking access to a tenant’s apartment or other rental unit:

evaluating the property, determining the need for maintenance repairs, providing essential or agreed-upon services, and displaying the rental unit to potential buyers or renters

Landlords and managers may lawfully enter a tenant’s unit for valid reasons provided they use a Notice to Enter and provide the tenants with adequate prior notice (typically 24 hours). Unless there is an emergency, landlords in several states may only access an apartment during regular business hours. In the case of an emergency, such as a fire or a gas/water leak, landlords may enter the premises without the tenant’s permission. A landlord or management may also enter a tenant’s unit without first obtaining permission if it is not reasonably practicable to provide prior warning, such as if the tenant is gone for a lengthy period of time.

The tenant cannot reject access arbitrarily as long as the landlord follows state and local landlord/tenant rules. If the tenant consistently refuses the landlord entrance to the unit, the landlord has the legal right to enter at a reasonable time of day and in a peaceful way. The landlord, on the other hand, cannot enter the unit if the renter is there and prevents admission.

In the event of a major disagreement between a landlord and a tenant, the parties should seek mediation to assist them to an agreement. If a solution cannot be struck, the landlord may be allowed to remove the tenant if the Rental Agreement contained right-of-entry terms.