When Can Your Landlord Drop In?
Knowing the boundaries between you and your landlord will not only make you an informed tenant but also make your landlord/tenant relationship that much easier.
The following information is taken from the current Montana Residential Landlord and Tenant Act of 1977.
Here is what you need to know:
1. Your landlord must give you at least 24 hours’ notice of the intent to enter AND they must enter at reasonable times.
This doesn’t mean you and your landlord can’t agree to an earlier time. This law is really in place so he/she cannot come in unannounced.
2. As a tenant, you cannot unreasonably withhold consent from your landlord or your landlord’s agent (someone working on behalf of the landlord) when they enter your dwelling to:
- Inspect the premises;
- Make necessary repairs;
- Make repairs, decorations, alterations, or improvements that you and your landlord have agreed on;
- Supply necessary or agreed services;
- Or when the landlord is showing the dwelling to a prospective or actual purchaser, mortgagee, tenant, workers, or contractor.
What does unreasonable mean?
Unreasonable could mean a number of things but a couple examples would be entering outside of normal business hours or entering too frequently. Say a landlord would like to inspect the premises once every 4 months, that‘s reasonable BUT inspecting the premises every week without any other reason to come by might be unreasonable.
What if they are showing the property to a potential renter/buyer every day?
This is a bit tricky but remember that your landlord must give you notice. If the date and time are inconvenient for you then most landlords will be flexible.
If the showings are so frequent and ongoing that its become a disruption of your day-to-day life then it might be time to call your landlord so you can voice your concerns and suggest designated day(s) of the week for him/her to come show the property. If your landlord is concerned that there is a potential buyer who can only come by outside of these scheduled times make it known that you’ll be willing to make exceptions. Just like landlords should be flexible and respectful of your privacy you should also respect his/her business.
3. Your landlord can enter your dwelling without your consent in case of an emergency.
Hopefully this is a rare occurrence but they must also reasonably believe there is an emergency before coming in.
4. Your landlord cannot abuse their right of access or use it to harass you EXCEPT in case of an emergency or unless it is impracticable to do so.
This would be the “stopping by weekly without a good reason” example. This situation is rare but if you think your landlord is abusing their right to come into your place of residence then feel free to have a conversation and voice your concerns.
5. Your landlord has no other right of access except:
A. If they have a court order.
B. If you have abandoned or surrendered the premises.
The landlord must reasonably believe the property is abandoned or surrendered. Surrendered means that you have legally given the property back (ended your rental agreement). If you remain in the dwelling a few extra days without consent, the landlord does not need to have permission to enter because you no longer have a right to the property.
C. If you fail to maintain the dwelling resulting in risks to health and safety AND the problem can be fixed either by repair, replacement of damaged items, or cleaning AND you fail to comply as promptly as the conditions require in case of an emergency or within 14 days after written notice by your landlord.
In this case your landlord can enter and to fix the premises and submit and itemized bill for either actual or reasonable cost, fair and reasonable cost, or the fair and reasonable value. This bill will be included with rent the next time rent is due or immediately if your rental agreement has been terminated.
This is a lot. Many things have to happen here.
First, you have poorly maintained the dwelling to the point that there is a health and safety risk. Second, the problem can be repaired, replaced, or cleaned. Third, you have failed to fix the problem either ASAP- if it would be detrimental not to fix it right away- or after having a written notice by your landlord. Here, the landlord can come in without permission because the problem needs to be handled right away and you have not fixed it.
Don’t worry if you let your apartment get a little dirty or messy. It’s really about health and safety. There is a whole section of the Landlord Tenant Act that explains how the tenant must maintain a dwelling.
D. If the rental agreement requires you to give notice to your landlord of an anticipated extended absence of more than 7 days and you fail to do so the landlord may:
…Enter the dwelling at reasonably necessary times…
This is a good example of “Read Your Lease.” Letting your landlord know when you’re going on a long vacation may seem inconvenient but this can be a lifesaver if there is an emergency. If you haven’t given notice of your absence, the landlord has no idea when you’ll be back so it is within their right to check on the property.
6. You cannot remove or replace the original lock or add a lock without written permission from your landlord.
If you replace the original lock or add a lock then you must provide the landlord with a key to ensure they will have the access to the premises.
Your landlord has your back if you get locked out or if there is an emergency. Just like all the other rules, this is for everyone’s benefit and safety.
Parting words:
Remember to read your lease carefully and make sure any specifications of landlord entry comply with the law. Most landlords will be respectful and flexible when it comes to your time and personal space, and if you are concerned with any conditions of your lease it is always a good idea to reach out to your landlord and have a conversation.
For direct links to the Montana Law please see the Montana Code Annotated sections linked below!
MCA Residential Landlord and Tenant Act of 1977
MCA Tenant’s Responsibility to Maintain Premises
**Disclaimer: The contents of this publication are not legal advice. There is no guarantee contents are current and up-to-date, or that they apply to your specific situation.
