Notice to Enter Dwelling Unit Template | 24hrs – 48hrs

A Notice to Enter Dwelling is a formal notice that a property manager or landlord gives to the tenant of a rental property before entering the rental property on a particular date and time. Notice to Enter serves as both a courtesy and a legal requirement that recognizes the rights of both landlords and tenants.

There are only specific reasons why a landlord can give a notice of entry. These reasons include:

• Inspecting the condition of the premises;
• To make repairs;
• Controlling pests to ensure a healthy environment;
• If the landlord or tenant has terminated the periodic tenancy, it is okay to show the premises to potential tenants during the last month of the lease.
• For following any legal court order
• For inspecting a property unit according to the California Civil Code 1950. 5 (f). The local laws may vary according to the state.

While sending the notice, a landlord should consider that legally he is allowed only to send one notice in a month.

For entering a dwelling unit, there are two types of notices. Both types vary depending on how long before the landlord or the manager sends the notice for visiting the tenant’s residence.

Notice by State

The Notice to Enter Dwelling fulfills the landlord’s requirement to notify the tenants when the landlord intends to enter the occupied space. However, there are some other requirements in the state of california according to the California Department of Consumer Affairs, and the California Civil Code that the property owner has to fulfill, which include:

• The Notice to Enter Dwelling must be in writing.
• A landlord must clearly state the reason for entering the premises in the Notice to Enter Dwelling.
• The landlord can only enter the unit between 8:00 a.m. and 8:00 p.m.
• The tenant cannot be given Notice to Enter Dwelling for more than two days. For instance, the notice cannot specify that the landlord intends to enter between Monday and Saturday. It is the landlord’s responsibility to provide a specific entry date and time.
• Before entering the premises, the tenant must be given a written notice 24 hours in advance.

It is the landlord’s responsibility to give the tenant notice of entry personally by certified mail. If none of these methods are successful, the landlord can give the notice to another adult in the unit or post the notice in plain sight on the premises. However, if none of these methods prove successful, the landlord has the option to send the notice electronically, but in that case, it has to be sent 6 days before the visit.

In most states, particular laws restrict tenants from entering the dwelling unit without the written notice and permission of the tenant, and there is a penalty for going against it. For example, in California, according to the California Civil Code of 1940, landlords are prohibited from abusing an eviction notice or entering the dwelling unit to harass the tenants or infringe on their privacy. Any such act will be considered trespassing, and the court will prosecute the individual accordingly.

Moreover, forcing the tenant(s) to vacate the unit will also be considered a violation of the California Civil Code 1954. Under California Civil Code 1940, a landlord could be fined up to $2,000, under privacy laws, if they invade the tenant’s privacy or consent. The amount of fine can vary according to the local laws.

Typically, a notice is necessary to enter a dwelling unit, but the following are some situations when the notice is not required:

• The landlord does not have to give a Notice to Enter Dwelling if there is an emergency. For example, if the landlord sees smoke and thinks the property is on fire, he can enter the property without notifying the tenants.
• A landlord does not have to give notice if the tenant consents to the landlord entering. The tenant could, for instance, email the landlord to arrange for repairs and give the landlord permission to have someone come to the unit on a particular day.
• The landlord does not need to give the Notice to Enter Dwelling if the tenant has abandoned the premises. In the case where the landlord has not heard from a tenant for more than two months, doesn’t receive rent, and when approached by the tenant’s employer finds out the tenant no longer works there, the landlord may have grounds to consider the property abandoned.

The Notice to Enter Dwelling unit must be written formally and should follow legal writing requirements. It must also include personal details, address, and a signature.

Personal Information

A Notice to the tenant must include the personal information of the landlord or the leasing agent, such as their legal names, contact details, and addresses for the purpose of keeping records. 

Premises Address

The landlord must mention the address of the property including the name of state, city, street name, and zip code to avoid any legal issues or disputes.

Date to enter the dwelling

As mentioned earlier, the landlord must clearly mention the day, date, and timing for entering the dwelling in the notice to notify the tenant. Not clearly mentioning the date can result in a conflict which can lead to the landlord getting fined by the local authorities.

Reason for entering

The landlord may enter the tenant’s dwelling unit for a variety of reasons. Each of these reasons should be listed with a checkbox next to it so that the landlord can indicate his reason.

Date of the Notice

The date on the notice indicates the day on which the notice is being sent to the tenant.

Signatures

The signatures of the landlord or the leasing agent who sent the notice should be collected on the form for legal purposes.

Proof of service document

Proof of service document verifies that the landlord has attempted to deliver the notice to the tenant, and it is a legal necessity to use it along with the notice to enter dwelling unit form.

Required Notice Periods

In the United States, lease agreements are governed by the state’s laws in which they are executed, and the Notice to Enter must comply with those laws. In general, individual state laws govern the required notice period a landlord must give the tenant for entry and sometimes for what reasons a landlord may enter.

State	Statute
Alabama	§ 35-9A-303
Alaska	§ 34.03.140
Arizona	ARS 33-1343
Arkansas	No statute
California	CIV § 1954
Colorado	No statute
Connecticut	§ 47a-16
Delaware	Title 25 § 5509
Florida	§ 83.53
Georgia	No statute
Hawaii	§ 521-53
Idaho	No statute
Illinois	No statute
Indiana	§ 32-31-5-6
Iowa	§ 562A.19
Kansas	§ 58-2557
Kentucky	§ 383.585
Louisiana	No statute
Maine	§ 6025
Maryland	No statute
Massachusetts	No statute
Michigan	No statute
Minnesota	§ 504B.211(Subd. 2)
Mississippi	No statute
Missouri	No statute
Montana	§ 70-24-312
Nebraska	§ 76-1423
Nevada	NRS 118A.330
New Hampshire	RSA 540-A:3
New Jersey	NJSA 2A:39-1, § 5:10-5.10
New Mexico	§ 47-8-24, § 47-8-34
New York	Residential Tenants’ Rights Guide (page 54)
North Carolina	No statute
North Dakota	§ 47-16-07.3
Ohio	§ 5321.04, §5321.05(B)
Oklahoma	§ 41-128
Oregon	§ 90.322
Pennsylvania	No statute
Rhode Island	§ 34-18-26, §34-18-39
South Carolina	§ 27-40-530, §27-40-720, §27-40-730
South Dakota	No statute
Tennessee	§ 66-28
Texas	No statute
Utah	§ 57-22-4, § 57-22-5(2)(c)
Vermont	§ 4460
Virginia	§ 1229, § 1248, § 1249
Washington	§ 59.18.150
Washington D.C.	§ 8–231.06(a)
West Virginia	No statute
Wisconsin	§704.05(2), ATCP 134.09
Wyoming	No statute