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.
Ala. Code §§ 35-9A-303, 35-9A-423
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
Alaska Stat. §§ 34.03.140, 34.03.230
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
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
Ark. Code § 18-17-602
Amount of notice required in non-emergency situations: Not specified
Form of notice required: Not specified
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).
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.
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
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.
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.
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
NO STATUTE
Haw. Rev. Stat. §§ 521-53, 521-70(b)
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
NO STATUTE
NO STATUTE
Ind. Code § 32-31-5-6
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Written or oral
Iowa Code §§ 562A.19, 562A.28, 562A.29
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Kan. Stat. §§ 58-2557, 58-2565
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Not specified
Ky. Rev. Stat. §§ 383.615, 383.670
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
La. Civ. Code art. 2693
Amount of notice required in non-emergency situations: No notice period specified
Form of notice required: Not specified
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
NO STATUTE
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
NO STATUTE
Minn. Stat. § 504B.211
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
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
NO STATUTE
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.
Neb. Rev. Stat. §§ 76-1423, 76-1432
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Nev. Rev. Stat. § 118A.330
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
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.
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
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
NO STATUTE
NO STATUTE
N.D. Cent. Code § 47-16-07.3
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Not specified
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
Okla. Stat. tit. 41, § 128
Amount of notice required in non-emergency situations: 1 day
Form of notice required: Not specified
Or. Rev. Stat. §§ 90.322, 90.410
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
NO STATUTE
R.I. Gen. Laws § 34-18-26
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
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
NO STATUTE
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
NO STATUTE
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
Vt. Stat. tit. 9, § 4460
Amount of notice required in non-emergency situations: 48 hours
Form of notice required: Not specified
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
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
NO STATUTE
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
NO STATUTE
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.
Need a lawyer? Start here.