Can my landlord enter the property unannounced even if I owe rent?

UPDATED: Jan 29, 2012

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Can my landlord enter the property unannounced even if I owe rent?

I still owe my landlord for a portion of rent which is not even 30 days. I was not home but roommates informed me that he came inside unannounced. Is he in the right?

Asked on January 29, 2012 under Real Estate Law, Iowa


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The landlord cannot enter your rental without providing advance notice.  The notice requirement varies from state to state.  For example, in CA the landlord is required to give 24 hours written notice before entering the rental and entry has to be during normal business hours.  If it is an emergency, no notice is required.

The fact that you owe rent does not alter the notice requirement since you have not been evicted.  If you are evicted, the landlord has the right to immediate possession and of course entry onto the premises.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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