My landlord entered my apartment without notice. What are my rights?

Updated 2025-01-152 citations

TL;DR

Most states require landlords to give 24-48 hours advance notice before entering your rental unit, except in emergencies. Unauthorized entry may be illegal trespassing.

Your right to privacy in your rental is protected by law in most states. Landlords cannot enter whenever they want.

Notice requirements by state

| State | Required Notice | Exceptions |
|-------|----------------|-----------|
| California | 24 hours | Emergency, tenant consent, abandonment |
| New York | Reasonable notice (varies) | Emergency |
| Texas | No statutory requirement* | — |
| Florida | 12 hours | Emergency, tenant consent |
| Illinois | 2 days (Chicago) | Emergency |
| Washington | 48 hours | Emergency, tenant consent |
| Massachusetts | Reasonable notice | Emergency |
| Colorado | 24 hours | Emergency |
| Oregon | 24 hours | Emergency, tenant consent |
| New Jersey | Reasonable notice | Emergency |

*Texas doesn't have a specific entry notice statute, but unauthorized entry may still violate the lease or constitute trespassing.

What qualifies as an emergency?

  • Fire or flooding
  • Gas leak
  • Burst pipe
  • Suspected criminal activity
  • Other situations requiring immediate action to prevent property damage or protect safety

What does NOT qualify as an emergency?

  • "I was in the neighborhood"
  • Routine inspections without notice
  • Showing the unit to prospective tenants without scheduling
  • Checking on the property out of curiosity

Your options if your landlord enters illegally

  1. Document the entry — Note the date, time, and circumstances
  2. Send a written notice — Remind the landlord of the legal notice requirements
  3. Call the police if the landlord enters while you're home and refuses to leave — it may constitute trespassing
  4. File a complaint with local housing authority
  5. Consider lease termination if it's a pattern — repeated unauthorized entries may constitute harassment
  6. Seek damages — In some states, you can sue for damages caused by illegal entries

Legal Citations

Cal. Civ. Code § 1954Landlord Right of Entry
ORS § 90.322Landlord Access to Dwelling Unit

Always verify statute citations against official state legal resources.

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This is general information. Ask RentCounsel about your specific situation and get an answer citing the exact statutes that apply to you.

RentCounsel provides legal information, not legal advice. Always consult a qualified attorney for your specific situation.