Your ability to enter an occupied unit is restricted. Tenants not only pay for a right to occupy a space but, within limits, to enjoy it. That includes the ability to be left alone. Their rights to the unit conflict with your rights to protect and maintain it, and state law tries to reach a compromise between the parties. You also shouldn’t ask about or seek personal information.
When Can I Enter the Unit?
You can’t enter just to check out the place. You can enter for the following reasons:
- There’s an emergency
- The tenant surrendered or abandoned it
- Make needed or agreed-upon repairs, alterations, improvements, or provide services
- Show the unit to prospective tenants, purchasers, or lenders
- Allow in contractors or workers who will work on the unit
- Conduct an initial inspection that the tenant requests before the tenancy ends
- A court order allows you to enter
- Install, replace, repair, maintain, or read the submetering of water service
- Inspect elevated decks or balconies
- Repair, maintain, or test smoke or carbon monoxide detectors
Use common sense and remember this guidance when considering entry into a unit.
What Notice Must I Give the Tenant?
You or your agent must provide the tenant reasonable, written, advance notice before entering, and you can only do so during regular business hours. It must state the following:
- Date
- Approximate time
- Purpose of the entry
Advance, written notice isn’t needed in the following circumstances:
- Responding to an emergency
- The tenant moved out/abandoned the unit
- The tenant is present and consents at the time you entered
- You and the tenant agreed that you will make repairs or supply services at a particular time and date. Your entry must be within a week of the oral agreement
You or your agent may use one of the following methods to provide the tenant with written notice you intend to enter their unit:
- Personal delivery to the tenant
- Leave the notice at the unit with someone of suitable age and discretion
- Leave it near, on, or under the unit’s usual entryway so it’ll likely be found
- Mailing the notice at least six days before your intended entry
Twenty-four hours advance written notice is considered reasonable in most situations. The tenant can consent to shorter notice and your entry during non-business hours.
If you want to sell the property, you must send the tenant a written notice stating that you may contact them orally to arrange for a potential buyer to see the building and your unit. Within 120 days you can give at least 24 hours’ notice personally or on the phone of the entry, with the date and time. This visit should be during regular business hours unless agreed upon otherwise. You should leave something in writing to let the tenant know the entry occurred.
What’s Prohibited?
Your ability to enter a unit shouldn’t be abused or used as harassment. You can’t violate these limits significantly or intentionally to get the tenant to abandon the unit.
What Information Must Be Kept Private?
Privacy also includes being asked for information you don’t need and shouldn’t seek. A housing discrimination complaint could be filed against you based on a tenant’s or potential tenant’s protected bases, including the following:
- Race
- Color
- Ancestry
- National origin
- Citizenship
- Immigration status
- Primary language
- Religion
- Disability
- Sex and gender
- Sexual orientation
- Gender identity and expression
- Genetic information
- Marital status
- Familial status
- Income sources
- Age
- Military or veteran status
You should not ask someone any questions or seek information about these topics. They’re irrelevant to whether someone will be or is a good tenant. If you talk about these topics or want information, the tenant may see this desire to know as evidence of bias.
If you’re accused of sexual orientation discrimination, for instance, you’ll have a defense if you don’t know the tenant’s sexual orientation. Asking about it and being told about it gives you knowledge and takes away that defense. Since you don’t need to know about these characteristics, you’re better off not asking about them.
We’re Here to Help
If you have questions about your tenants’ privacy rights and how to prevent violating them, call the AWB Law PC team at (949) 244-4207 or complete our online contact form today. We can discuss the situation, how state laws may apply, and how you should handle the issue.
