Tenants always have a basic right to their privacy and to peaceful enjoyment of their rental unit. However, at some point during a tenancy the landlord will need to enter the rental unit for either emergency or non-emergency repairs and maintenance. This “right to entry” is specifically addressed in a rental agreement and provides required notice periods for both emergency and non-emergency situations. So, for what reasons and when can a landlord legally enter the unit?
Reasons for Entry
Michigan law allows the landlord to enter the unit for the following reasons:
- to inspect the premises and determine tenant’s compliance with the terms of the rental agreement;
- to show the premises to a prospective tenant, purchaser, or lender;
- to estimate repair costs;
- to prevent waste;
- to prevent excessive noise or disturbances; or
- to make any repairs, additions, or alterations.
Emergency vs. Non-Emergency
Of course, if there is an emergency the landlord has the legal right to enter the unit. The landlord has the right and obligation to ascertain the safety and security of the occupants and the property itself. Emergencies are fairly self-explanatory, but they could include situations such as fire, natural disaster, or if a law enforcement officer requires access to the unit.
Michigan does not have a statute for the notice period required by landlord for non-emergency access to a unit.
On the other hand, general maintenance issues, either ongoing or requested by the tenant, are the main reasons for a landlord to require non-emergency entry to a rental unit. Michigan does not have a statute for the notice period required by landlord for non-emergency access to a unit. However, the majority of landlords use courtesy and common sense when providing notice to their tenants if they need to enter the unit to repair or maintain the unit, so a minimum 24 hours notice is in LeaseRunner’s Michigan Residential Lease Agreement.
