What if a tenant refuses to allow the landlord access to the unit for repairs?
Most aspects of landlord tenant relationships are regulated by state statutes and local laws including in many states, the landlord’s right to access the rental property. In addition to applicable statutes, the landlord’s lease agreement should contain language that specifies the landlord’s right to entry and procedures for notice requirements.
If a tenant refuses the landlord’s request for notice to enter and provided the landlord has complied with all requirements by state laws, the landlord’s course of action can depend upon the circumstances of the landlord request and the nature of the tenant’s refusal to cooperate. In general the landlord has the legal right to peacefully enter the rental premises for legitimate business purposes during reasonable hours. It is a good practice for the landlord to bring along a witness to observe the work being done and to counter any claims by the tenant of theft or inappropriate conduct.
Statutes of some states may allow the tenant to refuse a written request for entry, but could require the tenant to prove justification for his decision. If the tenant repeatedly refuses landlord access to the rental unit, the tenant could be held in breach of his lease terms and conditions, thus providing a cause of action for the landlord to proceed with an eviction lawsuit. If the landlord chooses to file for eviction, the landlord should make sure he has complied with state landlord-tenant law regarding his reasons for entry and required notice periods and can provide written supporting documentation of the events.
Under no circumstances should a landlord use force to enter the rental unit.