Crook & Taylor Law

CT Law Blog

CT Law Blog

When Can a Commercial Landlord Enter the Property

 

In Utah, when a residential landlord wants to inspect the property, he or she must give the tenant a 24-hour notice. This is required by statute. However, with a commercial space, there is no statute stating how much notice a landlord must give. For this reason, a commercial landlord and tenant should negotiate a notice of inspection provision in the lease, also called a right of entry provision. Many commercial leases say that a commercial landlord can enter the space and inspect the property after providing reasonable notice. But, what does "reasonable" mean? 72 hours? 24 hours? 1 hour? The landlord and tenant are sure to disagree on what constitutes reasonable notice. To avoid disagreements, it is best to pick a set time that both parties are willing to honor. 24 hours is probably a good rule that will allow the landlord to schedule unplanned visits but also allow the tenant to prepare for the visit. Commercial landlords will want to inspect the property for a variety of reasons, most commonly to ensure the tenant is taking care of it, complying with maintenance responsibilities set forth in the lease, complying with the purpose for which the space is being leased, and showing the space to other potential tenants, Of course, landlords do not have to give any kind of notice before entering the property in the event of an emergency, such as a fire, gas leak, burglary, or other similar mishap.

This Article provides general information only and should not be considered legal advice. Please consult a professional regarding your specific situation.