How Late Can My Landlord Come to My Home?
Any laws having to do with how late a landlord can visit your unit are embedded in state law and, less frequently, in local rent control ordinances. Most state laws that address the issue at all focus more on the notice required to enter a unit and the purpose to enter a unit; however, some specifically do refer to when a landlord can enter a unit.
Notice Requirement
About half of all states, according to the legal website Nolo.com, have statutes requiring landlords to notify tenants in advance of entering their units. The most common requirement is a 24-hour notice. Some laws require 48 hours; some require "reasonable" notice. Once you receive a notice, if it doesn't include a specific time or it cites a time that is inconvenient, ask your landlord if it will be possible to reschedule and let him know what you consider a reasonable time to be.
Reasons for a Visit
In some states, the reasons to enter a unit are limited by statute. To show a unit, make agreed upon or requested repairs and in an emergency are all reasons recognized in every state that permit a landlord to enter a unit. In states in which there are no regulating laws, the landlord does not technically need a reason; however, the landlord's visiting without a good reason could be grounds for action by the tenant, on grounds such as harassment or disturbing the tenant's right to peaceful enjoyment of the unit. Before you take action, however, take the time to make a request of your landlord that she limit visits to legitimate reasons, and ask for notice. Landlords typically do not want to aggravate rent-paying tenants.
Time Limitations
In states that regulate both notice and purpose of visits, some, but not all, legislation includes a reference to when the visits may occur. In California, for instance, landlords must limit visits to "regular business hours," which is usually interpreted in court to mean between 8 a.m. or 9 a.m. and 5 p.m., Monday through Friday. In some states, such as Oregon, the term "reasonable time" is included in the legislation. If you have a clogged toilet that is also preventing tenants in other units in the complex from using their bathrooms, "reasonable" might be interpreted differently than a "reasonable time" for showing a unit.
Emergency Exception
All states recognize that in an emergency, a landlord has a right to enter a unit at any time without notice. What constitutes an emergency is not usually defined, but most people understand emergencies to be events such as a fire, earthquake, broken water pipes and calls for help. A landlord is permitted to enter under circumstances such as these to protect his property.
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