Landlord entry to a rented apartment: when is it allowed
During the tenancy, the apartment is in the tenant’s hands. That is why a landlord’s entry to a rented apartment requires the tenant’s consent or a statutory basis: an inspection, necessary repairs or an emergency. A spare key in your drawer? It does not give you the right to drop in unannounced. Below we explain what the law allows, how to arrange a visit without damaging your relationship with the tenant, and what is worth putting in the lease. This matters especially when you plan viewings for potential buyers, one of the practical sides of selling a rented apartment.
Landlord entry to a rented apartment without the tenant’s consent: is it allowed?
As a rule, no. The tenant has the right to quiet enjoyment of the premises, and entering on your own may be treated as home trespass. Many landlords are surprised by this, because after all “it’s my apartment”. But ownership and a full set of keys change nothing. For the term of the lease you hand the property over to someone else, and they decide who crosses the threshold.
The exceptions are set out in the Act on the Protection of Tenants’ Rights. The tenant must give access to the apartment for a periodic inspection (and, in particularly justified cases, an ad hoc one), to identify and carry out necessary work, and to deal with an emergency. But an exception is not the same as a surprise visit. Outside an emergency, you always agree the date with the tenant. Always.
Landlord inspection of the apartment: periodic and ad hoc
The tenant must let the landlord in for a periodic inspection of the condition and technical equipment of the apartment, and for an ad hoc one when there is a particularly justified need. They must also allow necessary work to be identified and carried out. In practice you check the installations, windows, appliances and signs of damp. Not the contents of the wardrobes. Not the tenant’s personal belongings.
Your point of reference is the condition recorded at handover, so I recommend bringing the handover report and photos from the day you gave over the keys. How often can you do it? The Act does not say, so it comes down to common sense and what you agreed in the lease (once a week is probably overdoing it, let’s be honest). And if it turns out that more serious work is needed, agree with the tenant how renovation during the tenancy will work before you call in a contractor.
Emergency in the apartment: can the landlord enter when the tenant is away?
Yes, but only if several conditions are met at once. The emergency must be causing damage or directly threatening it, the tenant must be absent or refuse entry, and entry may only take place in the presence of the police or the municipal (city) guard. We are talking about flooding the neighbours, a gas leak, a burst pipe under the sink. Things like that.
After opening the apartment while the tenant is away, the landlord must secure the premises and the belongings inside until the tenant returns, and a report is drawn up of the whole procedure. You notify the tenant without delay. A dripping tap or a broken toilet flush? Those are faults, not emergencies, so the usual rule of agreeing a date applies. In Tenanto the tenant reports a fault in their panel, and the landlord sees it on the repairs board and can propose a visit date right away.
Showing the apartment to new tenants before the lease ends
Many people get this wrong. The Act does not give the landlord a separate right to show the property, so showing the apartment to prospective tenants requires the current tenant’s consent or a clause agreed in the lease in advance. And even with such a clause, viewings go more smoothly when the tenant has a say in how they are organised:
- the tenant is present or knowingly agrees to a viewing while they are away,
- the parties agree fixed time slots, e.g. selected afternoons during the week,
- you announce each visit well in advance, not just before you arrive,
- you show prospective tenants around in person, without handing them the keys.
Visit clause in the lease: what to agree on
The lease should state clearly how the landlord announces a visit, for what purpose they may come and whether the tenant has to be there. In my view it is the cheapest way to avoid most disputes. A good clause covers:
- purpose of visits: inspection, repairs, showing the property before the lease ends,
- how notice is given (text message, email) and the minimum notice period,
- the hours during which visits are allowed,
- the presence of the tenant or a person they nominate,
- an emergency procedure in line with the Act, with the police or city guard present.
A clause such as “the landlord may enter at any time without notice” violates the tenant’s rights. Do not rely on it, because in a dispute it is unlikely to hold up. If the lease has unusual terms, or a conflict is already under way, show it to a lawyer.
How to arrange a landlord inspection: sample message
Ideally in writing: by text message, email or through messages to tenants in the panel, stating the purpose of the visit, a proposed date and an alternative. Why the formality? Because a written record comes in very handy if a dispute arises later. The pattern is simple:
- State the purpose of the visit, e.g. an inspection of the installations or checking a reported fault.
- Offer two dates to choose from.
- Say how long the visit will take and who will come.
- Ask for confirmation or for another date.
Example: “Good morning, I would like to carry out a periodic inspection of the apartment and check the installations, windows and household appliances. Would Tuesday afternoon or Saturday morning suit you? The visit will take about half an hour and I will come alone. If neither date works, please suggest another one.”
And what if the tenant keeps refusing? Document every attempt to arrange a visit and refer to the lease and the obligations under the Act. If that does not help - it is time for legal advice.
In short: a landlord’s entry to a rented apartment rests on three legs. The tenant’s consent, an inspection or repairs provided for in the Act, or an emergency, which comes with a special procedure. Advance notice, a clearly stated purpose and a solid clause in the lease protect both parties. More topics, from deposits to settling accounts with tenants, can be found in our practical tips for landlords.
Frequently asked questions
Yes, keeping a spare set is normal practice and can be invaluable in an emergency. But having keys alone does not entitle the landlord to enter without the tenant’s consent. The exception is an emergency as described in the Act, and only in the presence of the police or municipal guard.
Criminal liability for home trespass, plus civil liability for breach of the lease and of the tenant’s right to quiet enjoyment of the premises. The consequences depend on the circumstances, so in a specific case it is better to talk to a lawyer.
They can refuse a specific date and suggest another. What they cannot do is block an inspection or necessary repairs, because the Act obliges them to allow these. Viewings for prospective tenants are different: here everything depends on their consent or a clause in the lease.
