Does tenant need to be notified if coming to inspect property condition?

Full question:

Does tenant need to be notified if coming to inspect property condition - such unlaw pet, etc.?

• Category: Landlord Tenant
• Subcategory: Entry of Premises
• Date: 04/07/2025
• State: Alabama

Answer:

This depends on the lease, state statutes and case law. The residential landlord tenant act for Alabama provides some information and rights regarding access. Please review:

35-9A-303. Access.
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 2 days' notice of the landlord's intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry 23 shall be a permitted method of notice for the purpose of the landlord's right of access to the premises.

(d) A landlord has no other right of access except:

(1) pursuant to court order;
(2) as permitted by Sections 35-9A-422 and 35-9A-423(b); or
(3) unless the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.

35-9A-422. Failure to Maintain.

If there is noncompliance by the tenant with Section 35-9A-301 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within 7 days after; written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair; and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.

35-9A-423. Remedies for Absence, Nonuse and Abandonment.
(a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the;tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

(b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary.