Lease clauses › Right of entry clause

Right of entry clause

A right of entry clause balances the landlord's need to inspect and maintain the property against the tenant's statutory right to privacy. The national default in 2026 is 24 hours' advance written notice for non-emergency entry, during reasonable daytime hours, for a lawful purpose.

Lawful reasons to enter

Necessary or agreed repairs, alterations or improvements.
Showing the unit to prospective tenants, buyers or inspectors.
Court-ordered entry.
Emergency (fire, flood, gas leak, reasonable belief of danger).
Tenant has abandoned or surrendered the premises.

State notice periods

State	Minimum notice
California	24 hours written
New York	Reasonable (commonly 24 hrs)
Texas	No statute — lease controls
Florida	12 hours
Massachusetts	Reasonable notice
Washington	48 hours (24 for showings)

Example wording

Right of entry. Landlord may enter the Premises with at least twenty-four (24) hours' prior written notice to Tenant, between the hours of 8:00 a.m. and 8:00 p.m., for the purpose of inspection, necessary or agreed repairs, supply of services, or showing the unit to prospective tenants, purchasers, lenders or contractors. No notice is required in the case of an emergency or if Tenant has abandoned the Premises.

India practice

Under the Model Tenancy Act 2021 the landlord must give at least 24 hours' prior written notice before entering, and entry must be at a mutually convenient time. A landlord who enters without notice or repeatedly against the tenant's consent can be restrained by the Rent Authority and may forfeit a month's rent in some state adoptions.

When entry becomes harassment

Repeated unannounced entries, entries at unreasonable hours, or entries with no legitimate purpose can rise to tenant harassment and violate the covenant of quiet enjoyment. In California, civil penalties under Civil Code § 1940.2 can reach $2,000 per violation. Document each incident in writing.

FAQs

How much notice must a landlord give before entering?

24 hours is the standard in most US states including California (Civ Code § 1954), Washington and Massachusetts. Florida requires 12 hours. A few states have no statutory minimum but require "reasonable" notice. For emergencies, no notice is required in any state.

Can a landlord enter without the tenant being present?

Yes, if proper notice was given and entry is for a lawful purpose (repair, showing, inspection). The lease should say so. The landlord still must not exceed the scope of notice or enter at unreasonable hours.

What counts as an emergency that lets a landlord enter without notice?

Fire, flood, gas leak, burst pipe, clear signs of violence, or a reasonable belief the tenant is in medical distress. Routine repairs and showings are never emergencies even if inconvenient to delay.