A Landlord’s Right of Entry Explained

If you’re managing a rental property, you might occasionally need to enter your unit when tenants occupy it. You may need to conduct an inspection, perform a repair, or take care of some seasonal maintenance—but if you aren’t careful, you could end up violating your right of entry. 

Though a rental property belongs to you, your tenants also have the right to their privacy while occupying it. That makes understanding your rights and responsibilities on when you can enter your rental unit crucial. Properly informing tenants, knowing when and why you might need to enter a rental unit, and conducting regular property inspections are key components of maintaining a positive landlord-tenant relationship and ensuring the upkeep of your property. But how will you know how and when you can appropriately enter your rental unit, and how to ensure you’re giving proper notice? 

Understanding Right of Entry

The right of entry refers to the landlord’s legal right to enter a rental unit under specific circumstances, balanced by your tenants’ rights to privacy and quiet enjoyment of their home. Portland landlords must adhere to Oregon state and local laws governing entry, which require providing notice and obtaining tenant consent, except in emergencies. Even with the best intentions, if you do not properly inform your renters of your intention to enter their home, you could find yourself dealing with a serious tenant dispute—and even legal trouble.

Properly Informing Tenants

The first step is understanding how to inform your tenants when you’re going to be entering their home based on legal requirements. 

Notice Requirements

In Oregon, landlords must give tenants at least 24 hours’ written or verbal notice before entering the rental unit. This notice must specify the reason for entry, the date, and the approximate time. It can be delivered in person, left at the tenant’s residence, or sent via mail or email. 

Exceptions to Notice Requirements

The 24-hour notice requirement does have some exceptions, such as emergencies where you need to immediately access the premises to protect the tenant or property from harm, such as fire, flooding, or gas leaks. In such cases, landlords can enter without prior notice but should inform tenants of the entry as soon as possible afterward.

Mutual Agreement

Landlords and tenants can agree to allow entry without notice for specific purposes, documented in writing to avoid misunderstandings. For example, a tenant may consent to allow you to enter without notice for routine maintenance or inspections.

Situations Requiring Entry

In order to enter a tenant’s home, you have to have a valid reason to do so. The following are several common reasons why landlords have to exercise their right of entry throughout their tenant’s stay:

Maintenance and Repairs

Routine maintenance, such as checking smoke detectors, changing air filters, or repairing appliances, is a common reason you might need to access your rental unit. Addressing maintenance issues promptly helps ensure the property remains in good condition and prevents small problems from becoming costly repairs. This can ultimately help you maintain a better relationship with your tenants, especially when you give them proper notice of your intent to come and make repairs.

Property Inspections

Regular property inspections keep your rental unit well-maintained and ensure compliance with lease terms. Inspections help identify potential issues, such as unauthorized occupants or pets, cleanliness problems that can lead to pests, or damage to the property. Landlords typically conduct inspections at the beginning and end of a tenancy and periodically throughout the lease term.

Tours For Prospective Tenants or Buyers

When a tenant has given notice to vacate, you may need to show the unit to prospective tenants. Similarly, if the property is on the market, it may be necessary to show the unit to potential buyers. Providing tenants with ample notice and scheduling showings at convenient times can help minimize disruptions and conflict with your tenants.

Health and Safety Inspections

Periodic health and safety inspections ensure the property complies with local codes and regulations. From lead paint to pest issues, ensuring that your rental unit is a safe place to live is crucial for your business and your tenants. Addressing pest issues promptly maintains a safe and healthy living environment and may require inspections, treatments, or follow-up visits by pest control professionals. Informing tenants about the process and expected outcomes can help alleviate concerns.

Conduct Regular Property Inspections The Right Way

Routine inspections are one of the most common reasons you might need to exercise your right of entry. Regular property inspections let you proactively maintain the rental unit and ensure tenant compliance with lease terms—but if you don’t handle them right, they can generate ill will between you and your tenants. Here are some guidelines for conducting effective inspections.

Frequency

While the frequency of inspections can vary, a general rule of thumb is to conduct them at the beginning and end of a tenancy and every six months during the lease term. This schedule helps catch potential issues early and ensures the property remains in good condition.

Documentation

Keep detailed records of each inspection in your rent roll, including the date, time, and findings. Photographs can provide valuable evidence of the property’s condition and help resolve disputes. Documenting inspections also demonstrates that you are actively managing the property and addressing maintenance issues.

Respect Tenant Privacy

Always respect tenants’ privacy during inspections. Provide proper notice, schedule inspections at convenient times, and conduct them efficiently. Avoid going through personal items or invading tenants’ private spaces unnecessarily. Remember, the best way to foster a long-term rental business is by focusing on tenant retention. While property inspections are important, you must focus on handling them in a way that doesn’t alienate your renters. 

Our Portland Property Inspection Checklist:

This comprehensive inspection checklist is a great way to ensure consistency and thoroughness during your inspection: 

• Exterior: Check for damage to the roof, gutters, siding, and landscaping.
• Interior: Inspect walls, floors, ceilings, and fixtures for damage or wear.
• Utilities: Test smoke detectors, carbon monoxide detectors, and fire extinguishers. Ensure plumbing, electrical, and HVAC systems are functioning properly.
• Appliances: Check for proper operation and signs of wear or damage.
• Cleanliness: Ensure the unit is clean and free of pests.
• Lease Compliance: Verify that the tenant is adhering to lease terms, such as no unauthorized occupants or pets.

Professional Property Management Keeps You in the Right

Navigating the complexities of right of entry and maintaining your rental property can be challenging, and the cost of a mistake can be high. Luckily, Rent Portland Homes Darla Andrew’s Office is here to help. Our experienced team handles all communication with tenants regarding entry and inspections, provides written notices, documents inspections, and ensures compliance with local laws and regulations. Let us handle the details so you can reap the numerous benefits of a rental property without dealing with the stress. Contact us today at (503) 515-3170 to learn how we can help you manage your property efficiently and effectively.