Your Landlord's Right to Enter Your Rental Unit
by: Montana Legal Services Association (MLSA)
Does my landlord have the right to enter my rental unit? Yes. Your landlord has the right to enter your rental unit in order t
- Inspect the unit;
- Make necessary or agreed upon repairs, decorations, alterations, or improvements;
- Supply necessary or agreed upon services;
- Show the unit to potential or actual buyers, lenders, tenants, workers, or contractors.
In addition, your landlord may enter your rental unit if:
- You have abandoned your rental unit;
- You have been absent for more than seven days, and the entry is reasonably necessary;
- Your landlord has a court order allowing him/her to enter; or
- There is an emergency requiring entry.
Does my landlord have to give me notice before entering my rental unit? Yes. Unless there is an emergency, your landlord must notify you 24 hours before he/she intends to enter your rental unit. The notice can be either written or verbal.
As long as my landlord gives me notice, can he/she enter my rental unit anytime? No. Your landlord may only enter your rental unit at reasonable times.
In addition, your landlord cannot abuse his/her right to enter your rental unit in a way that harasses you.
What if there is an emergency? In an emergency your landlord can enter your rental unit without giving you 24 hours notice.
Can I refuse my landlord's request to enter my rental unit? No. You cannot unreasonably refuse to allow your landlord to enter your rental unit. If you do, your landlord may:
- Get a court order directing you to allow him/her access to your rental unit;
- Evict you, if he/she has first given you proper notice; and
- Recover any actual damages caused by your refusal.
Can I change or add a lock without my landlord's permission? No. You cannot change or add a lock to your rental unit without written permission from your landlord.
If you do change or add a lock without your landlord's permission, your landlord may:
- Get a court order directing you to allow him/her access to your rental unit; and
- Evict you, if he/she has first given you proper notice.
What can I do if my landlord enters unlawfully, makes unreasonable requests, or harasses me with repeated requests for lawful entry? Your landlord cannot enter your rental unit unlawfully, make unreasonable requests to enter, or use his/her right to enter in a way that harasses you.
If your landlord does any of these things, you may:
- Get a court order restraining your landlord from such activity;
- Move out of the rental unit, after you have given proper notice to your landlord; and
- Recover any actual damages caused by your landlord's actions.
For more information about your rights and responsibilities as a tenant: Contact the Montana Public Interest Research Group at E-Mail: montpirghotline@gmail.com
Or visit their Web site at: http://www.montpirgstudents.org/renters-rights
Revised 5/04
Call the MLSA HelpLine for legal assistance:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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