Rental arrangements should offer mutual benefits for everyone involved. Landlords can monetize a real property they own. Tenants can acquire flexible housing arrangements while incurring minimal maintenance obligations.
Unfortunately, the residential rental dynamic is fraught with tensions in many cases. Even when the dynamic between a landlord and their tenants is overall amicable, the needs and desires of one party may feel like an infringement on the rights of the other party in some cases.
Tenants generally deserve the quiet enjoyment of their rental homes and the privacy that everyone should have in their residences. For example, landlords may want to access a rental property, which tenants may find invasive and disruptive. When do landlords have the legal right to enter their rented property?
When an emergency arises
There are circumstances that require the immediate intervention of the property owner. Reports of a gas leak or water incursion make immediate action necessary in most cases. In an emergency scenario that could endanger life or property, landlords can access rental units with little or no advanced notice.
They can also provide access to utility professionals and repair people hired to perform work on the property to address an emergency situation. Complaints about non-emergency repairs or attempts to withhold rent in escrow due to maintenance failures do not necessarily constitute an emergency that warrants immediate access.
After providing reasonable notice
In some states, statutes require that landlords provide 24-hour notice prior to seeking access to inspect the unit or show it to prospective tenants or a potential buyer. Missouri state statutes do not impose specific standards for advance notice.
In some cases, the lease signed at the beginning of the tenancy outlines the notice requirements for a landlord to access the occupied unit. Other times, landlords can provide reasonable notice of their intent to inspect or show the property.
Landlords should give tenants an opportunity to accommodate their need for access and preserve their privacy instead of showing up unannounced unless there is an emergency. In some cases, tenants may have the right to refuse entry requests in non-emergency scenarios without proper notice.
Disputes related to landlord-tenant relationships can lead to lease violations and litigation. Both landlords and tenants generally need to know the rules that govern landlord access to an occupied rental unit in order to effectively protect their interests.