State Laws on Landlord's Access to Rental Property

State rules on when and how landlords may enter tenant rental units.

By , Attorney · UC Berkeley School of Law

When tenants sign a lease or rental agreement, they gain the right to exclusive use of the rental. This means that the landlord can't enter the rental except as allowed by the terms of the lease or rental agreement and state law. Many states have laws requiring landlords to give tenants a minimum amount of notice (often 24 hours) before entering an occupied rental unit. Often, these laws also specify circumstances when a landlord may enter a tenant's rental unit (for example, to make repairs or show the unit to prospective renters). Here is a summary of state landlord access laws.

Note that even if a specific situation is not specifically mentioned in a statute, other law (such as that created by court decisions) might grant the landlord the right to enter. For example, in all states, even in the absence of a statute, landlords may enter to deal with a true emergency (an imminent and serious threat to health, safety, or property); and when the tenant has abandoned the property (left for good). Most states specify non-emergency circumstances that justify entry, and some explicitly include abandonment and "extended absence" (temporary but prolonged absence, which allows a landlord to enter when necessary to protect the property).

Also, always check to see if your lease or rental agreement includes a clause regarding the landlord's right to enter—many states allow landlords and tenants to make access agreements that differ from statutory law. If you have any questions about landlords' access laws in your state, contact a local tenants' rights group for help, or consult a local landlord-tenant attorney.

State Statutes Regarding Landlords' Access to Occupied Rental Units

Alabama

Ala. Code §§ 35-9A-303, 35-9A-423

Amount of notice required in non-emergency situations: 2 days

Form of notice required: Not specified

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Alaska

Alaska Stat. §§ 34.03.140, 34.03.230

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Arizona

Ariz. Rev. Stat. § 33-1343

Amount of notice required in non-emergency situations: 2 days; notice period doesn't apply and tenant's consent is presumed if the entry is because of tenant's request for maintenance

Form of notice required: Not specified

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Arkansas

Ark. Code § 18-17-602

Amount of notice required in non-emergency situations: Not specified

Form of notice required: Not specified

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California

Cal. Civ. Code §§ 1950.5, 1954

Amount of notice required in non-emergency situations: "Reasonable"—24 hours is presumed reasonable

Form of notice required: Written notice required, but oral notice is okay if the entry is to show the property to prospective or actual purchasers, but only if the landlord has given written notice within the previous 120 days, telling the tenant that the property is for sale and such oral notice might be given (24 hours' notice is presumed reasonable; landlord must leave a note when leaving).

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Colorado

Colo. Rev. Stat. § 38-12-1004

Amount of notice required in non-emergency situations: Not specified unless the access is for inspecting for or treating a bed bug infestation. In that situation, 48 hours' notice is required unless lease says otherwise.

Form of notice required: For bed bug infestation access, notice must be electronic or written. Otherwise, not specified.

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Connecticut

Conn. Gen. Stat. §§ 47a-16 to 47a-16a

Amount of notice required in non-emergency situations: Reasonable notice

Form of notice required: Written or oral

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Delaware

Del. Code tit. 25, §§ 5113, 5507, 5509, 5510

Amount of notice required in non-emergency situations: 48 hours

Form of notice required: Written, by giving a copy to an adult who resides at the rental unit or at the tenant's usual residence (if it's not the rental) or by mailing via registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the rental. The notice can also be posted at the rental unit when it's combined with a return receipt of a certificate of mailing.

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District of Columbia

D.C. Code § 42-3505.51

Amount of notice required in non-emergency situations: 48 hours

Form of notice required: Written and electronic (including email and mobile text messaging), but if the tenant doesn't provide an acknowledgement of the electronic notice in writing, the landlord must provide a paper notice.

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Florida

Fla. Stat. § 83.53

Amount of notice required in non-emergency situations: 24 hours for repairs; landlord may enter "when necessary" in an emergency, when a tenant unreasonably withholds consent, or when the tenant is gone (without notifying the landlord) for a period of time equal to one-half the time for periodic rental payments.

Form of notice required: Not specified

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Georgia

NO STATUTE

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Hawaii

Haw. Rev. Stat. §§ 521-53, 521-70(b)

Amount of notice required in non-emergency situations: 2 days

Form of notice required: Not specified

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Idaho

NO STATUTE

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Illinois

NO STATUTE

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Indiana

Ind. Code § 32-31-5-6

Amount of notice required in non-emergency situations: Reasonable notice

Form of notice required: Written or oral

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Iowa

Iowa Code §§ 562A.19, 562A.28, 562A.29

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Kansas

Kan. Stat. §§ 58-2557, 58-2565

Amount of notice required in non-emergency situations: Reasonable notice

Form of notice required: Not specified

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Kentucky

Ky. Rev. Stat. §§ 383.615, 383.670

Amount of notice required in non-emergency situations: 2 days

Form of notice required: Not specified

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Louisiana

La. Civ. Code art. 2693

Amount of notice required in non-emergency situations: No notice period specified

Form of notice required: Not specified

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Maine

Me. Rev. Stat. tit. 14, § 6025

Amount of notice required in non-emergency situations: 24 hours; no notice if the welfare of an animal is at risk

Form of notice required: Not specified

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Maryland

NO STATUTE

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Massachusetts

Mass. Gen. Laws ch. 186, § 15B(1)(a)

Amount of notice required in non-emergency situations: No notice period specified

Form of notice required: Not specified

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Michigan

NO STATUTE

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Minnesota

Minn. Stat. § 504B.211

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Mississippi

Miss. Code § 89-7-49

Amount of notice required in non-emergency situations: When a landlord believes tenant has abandoned property, and the tenant owes rent, the landlord may request the constable of the county to go onto the premises to ascertain abandonment and leave a notice.

Form of notice required: Written notice

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Missouri

NO STATUTE

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Montana

Mont. Code §§ 70-24-108, 70-24-312, 70-24-426

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Email (if email is provided in the lease or rental agreement), hand delivery, mail with a certificate of mailing or by certified mail, or a post on the main entry door of the dwelling unit.

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Nebraska

Neb. Rev. Stat. §§ 76-1423, 76-1432

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Nevada

Nev. Rev. Stat. § 118A.330

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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New Hampshire

N.H. Rev. Stat. § 540-A:3

Amount of notice required in non-emergency situations: Notice that is adequate under the circumstances; however, 48 hours' notice when entering after receiving notice of a bed bug infestation in an adjacent unit.

Form of notice required: Not specified, but 48 hours when entering to evaluate a possible or actual bed bug infestation.

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New Jersey

N.J. Stat. § 2A:39-1; N.J.A.C. 5:10-5.1 (for buildings with more than one unit)

Amount of notice required in non-emergency situations: In buildings with fewer than 3 units: Landlords can enter only when they have the tenant's permission or a court order. In buildings with 3 or more units: Landlords have a right to access the unit to inspect it, make repairs or perform maintenance, and deal with emergencies, but must give reasonable notice (1 day under ordinary circumstances) before entering.

Form of notice required: Not specified

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New Mexico

N.M. Stat. §§ 47-8-24, 47-8-34

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Written notice

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New York

NO STATUTE

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North Carolina

NO STATUTE

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North Dakota

N.D. Cent. Code § 47-16-07.3

Amount of notice required in non-emergency situations: Reasonable notice

Form of notice required: Not specified

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Ohio

Ohio Rev. Code §§ 5321.04(A)(8), 5321.05(B)

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Oklahoma

Okla. Stat. tit. 41, § 128

Amount of notice required in non-emergency situations: 1 day

Form of notice required: Not specified

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Oregon

Or. Rev. Stat. §§ 90.322, 90.410

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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Pennsylvania

NO STATUTE

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Rhode Island

R.I. Gen. Laws § 34-18-26

Amount of notice required in non-emergency situations: 2 days

Form of notice required: Not specified

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South Carolina

S.C. Code §§ 27-40-530, 27-40-730

Amount of notice required in non-emergency situations: 24 hours

Form of notice required: Not specified

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South Dakota

NO STATUTE

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Tennessee

Tenn. Code §§ 66-28-403, 66-28-507

Amount of notice required in non-emergency situations: 24 hours (applies only within the final 30 days of the rental agreement term, when landlord intends to show the premises to prospective renters and this right of access is set forth in the rental agreement)

Form of notice required: Not specified

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Texas

NO STATUTE

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Utah

Utah Code §§ 57-22-4, 57-22-5(2)(c)

Amount of notice required in non-emergency situations: 24 hours, unless rental agreement specifies otherwise

Form of notice required: Not specified

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Vermont

Vt. Stat. tit. 9, § 4460

Amount of notice required in non-emergency situations: 48 hours

Form of notice required: Not specified

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Virginia

Va. Code §§ 55.1-1229, 55.1-1249

Amount of notice required in non-emergency situations: For routine maintenance only: 72 hours, but no notice needed if entry follows tenant's request for maintenance

Form of notice required: Not specified

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Washington

Wash. Rev. Code § 59.18.150

Amount of notice required in non-emergency situations: 2 days; 1 day to show property to actual or prospective tenants or buyers

Form of notice required: Written notice, unless it's impracticable to do so

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West Virginia

NO STATUTE

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Wisconsin

Wis. Stat. § 704.05(2); Wis. Adm. Code § ATCP 134.09(2)

Amount of notice required in non-emergency situations: With 12 hours' advance notice, landlords may enter at reasonable times. Landlords and tenants may sign a separate "Nonstandard Rental Provision" agreement, in which they provide for entry for various reasons.

Form of notice required: Not specified

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Wyoming

NO STATUTE

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To learn more about the rules limiting a landlord's access to rental property, see Nolo's books, Every Tenant's Legal Guide and Every Landlord's Legal Guide.

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