You Own the Property—But You Still Can’t Walk In
One of the most misunderstood parts of Utah landlord-tenant law is a landlord’s right to enter the rental unit. Many landlords assume that since they own the property, they can go inside whenever they want.
That assumption can lead to legal trouble.
Utah law protects a tenant’s right to quiet enjoyment and privacy—even when rent is overdue or violations are suspected. If you enter the property improperly, you could be sued for trespass, harassment, or lease violations.
Here’s what every Utah landlord needs to know about entering a rental unit legally.
When Can a Landlord Enter a Rental Unit in Utah?
Under Utah Code § 57-22-4, a landlord may enter a unit in the following situations:
- With the tenant’s consent
- In case of emergency
- To inspect the premises
- To make necessary or agreed repairs
- To supply necessary or agreed services
- To show the unit to prospective buyers, tenants, contractors, or lenders
However, even when entry is allowed, you must follow the law on notice.
How Much Notice Must You Give?
Utah law requires “reasonable notice” before entering a tenant’s unit—typically at least 24 hours. The law does not define “reasonable” precisely, but 24 hours is widely accepted as the minimum standard in non-emergency situations.
Your notice should include:
- The date and time of entry
- The reason for entry
- Whether you or someone else (e.g., repair technician) will be entering
Serve the notice by:
- Posting it at the unit
- Emailing or texting the tenant (if agreed in writing)
- Mailing it (not ideal for short timelines)
For guidance on delivering legal notices properly, see:
How to Properly Serve Landlord Notices in Utah: A Legal Guide
What About Emergencies?
In case of an emergency—such as a fire, flood, gas leak, or urgent maintenance issue—you may enter the unit without prior notice. However, you should document the reason and time of entry and notify the tenant as soon as possible afterward.
Emergencies are the only exception to the notice requirement.
What If the Tenant Refuses Entry?
If you’ve provided proper notice and a valid reason, the tenant cannot legally refuse entry. However, forcing entry without a court order could escalate the situation.
In these cases, consider:
- Rescheduling if appropriate
- Documenting the refusal
- Seeking legal advice before proceeding
If your lease is silent or unclear, now is a good time to review and update it.
What NOT to Do
- Don’t show up unannounced. Even if you think the tenant isn’t home, always provide notice.
- Don’t enter to “check up” or retaliate. This violates tenant rights and could result in legal claims.
- Don’t rely on vague lease language. Your lease should clearly state when and how notice will be given.
Final Thoughts
Just because you own the unit doesn’t mean you can access it freely. Utah law strikes a balance between property rights and tenant privacy—and the burden is on you, the landlord, to follow it.
If you’re dealing with an uncooperative tenant, unclear lease terms, or an urgent access issue, Duckworth Legal Group can help.
Call (801) 882-7444 or email info@duckworthlegalgroup.com to stay compliant and avoid unnecessary legal risk when entering a rental unit.