Residential lease agreements usually allow a landlord reasonable access rights—including the right to enter the leased premises to make necessary repairs or to renovate the property.
To protect the tenant’s right to privacy, many state laws require the landlord to give the tenant notice it will be in the leased premises to make necessary repairs or do maintenance at least 24 hours before the landlord enters the premises.
A residential landlord may also enter the leased premises to prevent damage or harm to the property or its occupants due to a water leak, flood, fire, electrical outage, gas leak, or other emergency—or to allow a law enforcement officer to enter and ensure the safety of the property and its occupants.
A residential lease will also usually give the landlord the right to enter and show the premises to prospective tenants—at least within some period of time before termination of the lease, if the landlord and tenant have not agreed to renew the lease or if the landlord or tenant has given notice of their intention not to renew the lease.
And in some circumstances a landlord’s right to enter the premises during the term of the lease may be implied—such as when the landlord suspects the tenant has abandoned the leased premises and does not intend to return.
A landlord’s right to enter leased residential premises varies depending on the specific language in the residential lease agreement and the state’s landlord-tenant laws—which are usually located in a state’s statutes.
In Hawaii, residential lease agreements typically grant landlords the right to reasonably access the leased premises for necessary repairs, renovations, or to show the property to prospective tenants. Hawaii state law mandates that landlords must provide at least 48 hours' notice before entering the property for repairs or maintenance, which is double the notice period required by many other states. This notice must be given unless there is an emergency situation, such as a water leak, fire, or any other condition that requires immediate attention to prevent damage or ensure the safety of the occupants. In cases of emergency, landlords may enter without notice. Additionally, landlords may enter the premises if they have reasonable grounds to believe the property has been abandoned by the tenant. The specific rights and obligations regarding landlord entry are also governed by the terms of the lease agreement, but they must comply with Hawaii's landlord-tenant laws as outlined in the Hawaii Revised Statutes.