The landlord may enter the property in these situations

It is important for the landlord to visit the property from time to time, especially to keep the property in good condition and avoid additional costs. The right of access, except in emergencies, is exercised by means of notices of varying lengths of notice for the purposes of inspection, maintenance or servicing, and with respect for the peace and quiet of the home. By knowing more about the tenant's and landlord's rights to visit the property, you will ensure that you are acting in accordance with the law and good tenancy practice.

The aim of the article is to provide clear answers and practical guidance on the situations in which a landlord is legally entitled to access a rental property. Whether you are checking the condition of the property, supervising maintenance or showing the property to either new tenants or potential buyers, this article is intended to help you as a landlord.

Legislation and fundamental rights

Tenant's peace of mind and privacy

Finnish rental legislation, which can be found on the Finlex website (Act 1995/481), among others, guarantees the tenant the right to use his or her home in peace. Peace of mind is constitutionally protected, which means that, except in emergency situations, the landlord must always obtain the tenant's permission before entering the property. This ensures that the tenant can live in privacy and undisturbed, which is a key factor in the safety and comfort of housing. It is also worth taking a look at what generally accepted good rental practice says on the subject - see the link section for more details 

Landlord's legal rights

Although the tenant's peace of mind is broadly protected, the law also gives the landlord rights of access in certain circumstances. These situations include, for example:

• Checking the condition of the home and supervising maintenance work: The landlord may enter the dwelling to check that the basic structures and equipment of the dwelling are as agreed and to supervise any necessary maintenance and repairs.
• Showing the property: when a property is being sold or re-let, the landlord can show it to potential new tenants or prospective buyers. In these situations, a visit should be arranged in advance to ensure that the tenant's rights are not compromised.

Prior notification principle and practices regarding notification periods

Although the legislation does not specify an exact notification period, the landlord must always give advance notice of future visits:

• For routine inspections and minor maintenance, the notice period is usually 3-5 days, which gives the tenant enough time to prepare.
• For major renovation works and measures that significantly affect the tenant's accommodation (e.g. plumbing), the minimum notice period is six months, according to law and practice. In such cases, the tenant has the possibility to arrange temporary accommodation or negotiate a rent reduction, if necessary.

The landlord must act responsibly and follow the principle of prior notification, as open and written communication and documentation are key to avoiding potential disputes. In this way, the rights and obligations of both parties are respected and the tenancy remains smooth and confidential.

When the landlord is prohibited from entering the dwelling

The landlord is allowed to enter the rental property when either the tenant's permission has been obtained, the tenant fails to respond for a sufficient period of time, or in the case of an emergency situation permitted by law. The landlord is not allowed to enter the apartment in situations such as the following:

Without the tenant's consent:
If the tenant has not given permission and the visit has not been agreed in advance, the landlord is not allowed to enter the property. This also applies if the landlord uses his/her own keys to enter the apartment.

Unless there is an imminent danger (such as water damage, fire or serious structural failure), the landlord must follow the principle of prior notice and agreement. If the landlord tries to enter the property without this prior agreement, it is a violation of the tenant's home peace.

Outside the agreed time:
If the visit takes place outside the agreed time with the tenant (for example, in the evening, on weekends or at other times when the tenant is in a particularly private space), the landlord's actions are considered unauthorised.

In these situations, the tenant can refuse to let the landlord in and, if necessary, take legal action to protect the peace of the home.

Risks and consequences of an unauthorised visit

The landlord must always follow the principle of prior notice and agreement, as trespassing - i.e. entering the property without the tenant's permission or without a pre-arranged schedule - is considered a breach of the peace. Such activities may entail the following risks:

• Legal sanctions:
  Fines can be imposed for an unauthorised visit and, in extreme cases, criminal sanctions can also be imposed if the extent and impact of the damage is significant.
• Tenant's reactions:
  Violation of the tenant's privacy and domestic peace can lead to serious conflicts. The tenant may react by filing a criminal complaint or demanding compensation for the damage caused, which in turn can undermine the trust in the tenancy.
• Escalation of conflicts:
  If a landlord repeatedly violates the principle of prior notification, the tenant's reactions may escalate, which may even lead to litigation. This can have a negative impact on the financial situation of both parties and on the reputation of the landlord.
• The importance of documentation:
  All visits and agreed notifications must be carefully documented. Well-maintained documentation serves as proof that the landlord has acted in accordance with the law and good rental practices, which is crucial in the event of any disputes.

To minimise these risks, the landlord must first and foremost ensure open and clear communication with the tenant and strictly follow prior notification procedures.

When the landlord may enter the dwelling

Access by the landlord is allowed in the following situations, as long as the visit is arranged with the tenant:

• Checking the condition of the accommodation:
  The landlord can make regular visits to check that the basic structures, equipment and fittings are as agreed. The purpose of these visits is to prevent any problems and to ensure that the dwelling remains in a normal state of repair.
• Supervision of maintenance and repairs:
  If the apartment needs essential maintenance or repairs, the landlord has the right to enter the apartment to supervise the work and ensure that it is carried out properly.
• Presentation of the property:
  When a property is being sold or re-let, the landlord can organise a presentation of the property to potential new tenants or prospective buyers. In this case, the visit should always be arranged with the tenant in advance and the tenant has the right to be present during the visit.

In these situations, it is essential that the landlord gives advance notice of the visit (usually 3-5 days for smaller, routine inspections) and secures the tenant's consent before proceeding.

When the landlord may enter the dwelling unannounced

As a general rule, the landlord must always follow the principle of prior notice and obtain the tenant's consent before entering the property.

If there is an acute need for repairs, the landlord has the right to take action without prior notice. This means that in situations where immediate action is necessary to prevent damage, the landlord must act quickly. Here are some concrete examples:

• Water damage:
  If a water leak occurs in a rented property that threatens to cause extensive damage to the property's structures or appliances, the landlord can take immediate action, such as turning off the main water supply and calling a maintenance company to repair the leak. In such a situation, it is important to try to reach the tenant as quickly as possible, but taking action does not wait for prior notification
  
  
• Fire:
  If there are signs of a fire risk or if a fire has already started, the landlord must act immediately by calling the emergency services. In this situation, a prior notification is often skipped because the situation requires immediate action to limit the damage
  .
• Serious structural defect:
  If a serious crack is found in the wall or roof of the dwelling that could cause further damage or safety hazards, the landlord may take action - for example by temporarily banning the area - without prior notice if the tenant is unreachable and the situation is an emergency.
• Electrical system failure:
  In situations where there are serious faults in the electrical system that could lead to a fire hazard, the landlord must take immediate action. In this case, a prior notification may be submitted, but the landlord must document all contacts and actions taken afterwards.

These examples highlight the fact that in emergency situations, compliance with prior notification may be missed, but the landlord must still make every effort to reach the tenant as quickly as possible and carefully document all actions taken. This is important both for transparency and in case of possible disagreements 

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Guidance on planning and carrying out a visit to the home

In order for a landlord to act legally and maintain a good tenancy relationship, access to the property must be carefully planned and implemented. The following guidelines will help ensure that visits are carried out in a way that preserves the tenant's privacy and peace of mind:

Planning and prior notification

• Draw up a clear notice of the visit:
  Before the visit, the landlord must send the tenant a written notice stating the date, time, estimated duration and reason for the visit (for example, to check the condition of the property, to check on maintenance work or to introduce the property to new tenants or prospective buyers).
  
  • Method of delivery and security of the notice: the notice should be delivered directly to the tenant (e.g. by email or SMS) and not in public forums, in order to preserve the tenant's privacy.
  • Punctuality of the schedule: the time of the visit should be as precise as possible, so that the tenant has enough time to organise things such as work, pets or other everyday arrangements.
• Make sure the tenant agrees:
  The advance notice will ask the tenant to confirm that the proposed visit is convenient for them. If the tenant proposes a different time, please try to be flexible and agree on a mutually satisfactory time.

Carrying out the visit

• Follow the agreed schedule:
  The visit must take place at the exact time agreed, in order to preserve the tenant's privacy and peace of mind. The landlord must ensure that the visit does not unnecessarily prolong or cause any additional disturbance.
• Communication:
  Use clear and polite channels of communication, such as email or text messages, to send a notice of visit and communicate with the tenant. Open and clear communication promotes mutual understanding of agreed schedules and procedures.
• Guidance for external service providers:
  If external service providers working in the accommodation (for example, property maintenance staff or a renovation team) are involved, the landlord should ensure that they are given clear instructions to respect the agreed schedule and the tenant's privacy. These instructions should be in writing so that all parties are aware of the agreed procedures.

Documentation and follow-up

• Documentation of the visit:
  After the visit, it is important to write down all agreed points, observations and actions taken. This may include:
  
  • Written notifications (emails, SMS)
  • Photos of the condition of the home before and after the visit
  • Other lines of communication with the tenant
    Well-maintained documentation is proof that the landlord has acted in accordance with the law and good rental practices.
• Follow-up:
  If deficiencies or other problems are found during the visit, a written report should be made and, if necessary, a repair process initiated. Make sure that all changes and consultations are recorded so that the situation can be checked afterwards if necessary.

These guidelines help the landlord to ensure that visits to the home are carefully planned and carried out, that the tenant's rights and peace of mind are preserved, and that any disagreements can be resolved through open communication and careful documentation.

Summary

This article discusses when a landlord has a legal right to enter a rental property and how to protect the tenant's privacy. Finnish tenancy legislation (Act 1995/481) emphasises that the tenant's peace of mind is a fundamental right that guarantees the privacy and undisturbed use of the dwelling. The landlord's access to the dwelling is allowed in situations such as inspecting the condition of the dwelling, supervising maintenance work and showing the dwelling to new tenants or potential buyers. Access must be agreed with the tenant in advance, except in cases of compelling emergency.

The Code of Practice stresses that for routine inspections and minor maintenance work, the advance notice period is usually 3-5 days, while for large-scale and significantly disruptive operations, such as pipe repairs, the notice period is at least six months. In emergency situations, such as water damage or fire, the landlord may act without prior notice, but even then it is important to reach the tenant quickly and document all measures.

These guidelines help the landlord to act in accordance with the law and ensure that the tenant's privacy and peace of mind are maintained, contributing to a safe and smooth tenancy for both parties.

Frequently Asked Questions

1. Can the landlord visit the property without the tenant's permission?
No, the landlord must always obtain the tenant's permission or agree in advance, unless there is a legal emergency.

2. How long should the advance notice be before the visit?

• For routine inspections and minor maintenance, the notice period is usually 3-5 days in advance.
• For major renovations that significantly affect the tenant's accommodation, the minimum notice period is six months.

3. What to do if the tenant refuses to let the landlord in
The first step is to resolve the situation through open and friendly discussion. All contacts should be documented. If the situation is an emergency or the tenant's behaviour prevents a legitimate visit, the landlord can seek official assistance, for example from the police.

4. When can a landlord carry out a visit without prior notice?
A visit without prior notice can only be carried out in emergency situations where immediate action is necessary to prevent damage (e.g. water damage, fire or serious structural failure), or if the tenant cannot be reached due to the emergency.

5. How should the landlord's visits be documented?
All visits and agreed notifications should be documented in writing - for example by email or text message - and, if necessary, supplemented with photographs. This will ensure that the rights of both parties are clearly verifiable in case of disagreement.

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