How do I handle requests for inspections by health, safety, or building inspectors who need access to the rental unit?
Most states set guidelines for landlord entry to a rental unit for specific reasons such as emergencies, landlord inspection of premises, property repairs and improvements, showing the unit to prospective tenants or buyers, and landlord inspection during extended absences by the tenant. However there can be different guidelines and rules for entry to a rental unit by state or local municipalities for reasons of health, safety, or building inspections.
You will need to research your state laws and local ordinances to determine the legal, requirements for access to a rental unit for code inspections. Requirements could vary depending upon the nature of the inspection, the urgency of the matter, or other regulations of a municipal agency such as multi-family, multi-unit housing inspections, the number of rental properties that a landlord owns, or the timeframe since the last inspection.
Some municipalities have implemented rental housing inspection and registration programs to help ensure rental units meet basic housing code standards. These programs require properties to be inspected by qualified rental housing inspectors to help identify and correct habitability issues of health, safety, and security. Landlords may be required to certify their properties meet quality of housing standards before they can register their properties with the municipality.
Fire, health and other municipal inspectors may inspect rental units as allowed by state law or local ordinance simply as a routine matter. Routine inspections help to ensure that a city’s residential units comply with existing state and local building, electrical, fire and plumbing code standards, ensure the structures are safe for occupancy, and that housing stock is maintained to acceptable standards.
Other inspections may be conducted in response to a nuisance complaint that a tenant’s rental unit violates housing codes or health and safety standards. If there is credible reason to suspect code violations, an inspector will contact the tenant to request entry. A tenant can refuse to allow the inspector to enter the rental unit. If there is the strong likelihood of public health or safety at risk, an inspector can request a search warrant in order to enter the unit and confirm health or safety violations. If necessary an inspector may be escorted by a police officer if it is anticipated that the tenant will continue to refuse entry by the inspector.
In the event the tenant is not home or unavailable, a landlord may be asked to cooperate with the inspection agency and let the inspector enter the unit. While a landlord should be cooperative to the extent allowed by law, if the tenant has not given permission for entry, the landlord cannot allow access. However, if a warrant has been obtained, a landlord can authorize the inspector to enter the rental unit.