I’m a landlord. My tenant agreed to regular inspections of their unit. What if they don’t show up?

As a landlord, your right to enter the rental unit is restricted. 

Under the law, you’re allowed to inspect the rental unit monthly. The catch is that you can’t set an inspection date more than 30 days in advance. So a landlord can’t legally enforce a schedule of recurring monthly inspections — even if the tenant agreed to it in writing. 

If you wish to conduct an inspection every month, you’ll have to arrange each inspection individually.

Arranging a time to inspect

It can be a fairly simple process to arrange an inspection. If you’re on good terms with your tenant, you can text, call, or ask them in person if you can come in and inspect the unit. If they consent, then you can legally enter their unit. (The consent can’t be for a date that’s more than 30 days out.)

What if your tenant says no? You can give them written notice that you’re planning to enter their unit to inspect it. If you’ve given them proper notice, you don’t need their consent to enter the unit at the stated time. And the tenant does not have to be present when you enter. The notice must be in writing and should include the following information:

• Your purpose for entering. The purpose must be reasonable. (A routine inspection is a reasonable purpose).

• The date and time of the entry. The time must be between 8 am and 9 pm, unless the tenant otherwise agrees.

You should also let your tenant know if you’re bringing someone along for the inspection (such as a plumber or other contractor).

The specifics of giving notice

There’s a time window for giving your tenant written notice: it must be at least 24 hours, but not more than 30 days, in advance of the inspection. The law describes the ways that you can deliver notice. It also clarifies when you can assume your notice has been received. Texting and calling aren’t proper ways to give notice. Here are some ways you can give written notice:

• You can hand the notice to the tenant. You can enter the unit 24 hours later. 

• You can post a copy of the notice on the tenant’s door. It’s assumed they will have read the notice by the third day after it is posted. So you can enter the unit four days after posting the notice.  

• If an email address has been provided for the purpose of receiving notices, you can email a copy of the notice. Again, they’re taken to have received it within three days. So you can enter the unit four days after you sent the email. 

In emergency situations, such as a fire or burst pipe, the notice rules don’t apply. You’re allowed to enter the rental unit to protect life or property, without consent or notice. 

Working with the tenant

So far we’ve talked about your obligations under the law. But if you can accommodate your tenants beyond what the law strictly requires, it’ll make your life easier in the long run. For example, when scheduling the inspection, you don’t legally have to make sure that the tenant can be there at that time. But the tenant may have good reasons for wanting to attend the inspection. They may want to keep an eye on their things. Or they might want to point out certain repair and maintenance issues. 

As a landlord, you should aim to be cooperative and transparent. And be intentional about managing expectations. The further in advance you set out expectations, the more cooperative the tenant will be. For example, you can give a tenant the minimum notice required by the law. But doing so might catch a tenant by surprise and, if so, they’ll be more likely to resist your efforts.