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Rental Property Inspection — What Landlords Can and Can't Do

The short answer: Your landlord must give written notice before a routine inspection — typically 24–48 hours minimum, depending on your state. They cannot inspect more than 4 times per year in most states. If they arrive without notice, you can refuse entry. If they persist, that is a breach of the Residential Tenancies Act in your state and can be reported to the tenancy authority.
◆ Anxiety level: High AU · Updated March 2026
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Plan

Your rights as a tenant — what the law actually says

The real issue
Many tenants don't know their rights during inspections and allow landlords or agents to overstep without realising it. The property is your home for the duration of your tenancy. The landlord retains ownership but not the right to enter freely. Every state in Australia has legislation that governs exactly when, how, and how often entry is permitted.

Landlords and property managers have the right to inspect — but that right is qualified. It requires notice, is limited in frequency, and is restricted to reasonable hours. Entry outside these conditions is unlawful regardless of what your lease says — lease terms cannot override the state Residential Tenancies Act.

Lease clauses cannot reduce your statutory rights. If a lease clause gives a landlord more access than the state Act allows, the Act overrides the clause. You are entitled to the protections in the legislation regardless of what you signed.
Type of entryNotice requiredYour right to refuse
Routine inspectionMinimum notice per state (24–48 hrs typically)Yes — if correct notice not given
Repairs (arranged)24 hours notice in most statesCan reschedule; cannot indefinitely refuse
Emergency repairs (pipe burst, gas leak)No notice required for genuine emergencyNo — immediate entry permitted
Smoke alarm checks24 hours in most statesCan reschedule reasonably
Property for sale — showing to buyersSeparate rules — 24–48 hrs, agreement required in some statesVaries — check your state Act
No notice — landlord "just checking"None given — unlawfulYes — right to refuse entry
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Notice and frequency rules — by state

StateMin. notice (routine)Max. frequencyAuthority
QLD24 hours (max 7 days before)Once every 3 monthsResidential Tenancies Authority (RTA)
NSW24 hours4 times per yearNSW Fair Trading
VIC24 hours (max 7 days before)Once every 6 months (after first inspection)Consumer Affairs Victoria (CAV)
SA7–14 days written notice4 times per yearConsumer and Business Services SA
WA7 days written notice4 times per yearDepartment of Energy, Mines, Industry
TAS24 hoursOnce every 3 monthsConsumer, Building and Occupational Services
ACT7 days written notice4 times per yearAccess Canberra
NT24 hours4 times per yearNT Consumer Affairs
Always verify current rules directly. Tenancy legislation is amended regularly. The table above reflects the general position as at March 2026 — check your state authority's website for current notice periods and frequency limits before relying on this for a formal dispute.

The notice must generally be in writing — text messages are accepted in most states if that is how you normally communicate with your agent. A verbal call-ahead does not constitute notice under the Act in most jurisdictions.

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During

At the inspection — what you can and can't be asked to do

You are not required to be home during an inspection if valid notice has been given. If you choose to be present, you have the right to accompany the agent or landlord through the property. You do not have to answer questions about your personal circumstances, your guests, or your plans for the tenancy.

They canThey cannot
Inspect general condition of the propertyGo through your personal belongings, drawers, or cupboards
Check for damage beyond fair wear and tearPhotograph your personal possessions without consent
Note maintenance items that need attentionBring tradespeople without separate notice
Access all rooms of the propertyStay longer than reasonably needed for inspection
Take photographs of property conditionPhotograph you or family members without consent
Check smoke alarms and safety itemsEnter during unreasonable hours (typically outside 8am–6pm)
If they arrive without notice

"I haven't received the required written notice for this inspection. Under the [state] Residential Tenancies Act, I'm not required to allow entry without notice. I'm happy to arrange a time — please send me written notice and we can schedule something."

If they exceed their permissions during inspection

"I'd like to note that going through [personal belongings / photographing personal items / bringing additional people] is outside what I've consented to for this inspection. Please restrict the inspection to the property condition only."

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After

If they overstep — escalation steps

If a landlord or agent has breached the inspection rules — entered without notice, exceeded frequency limits, photographed personal belongings, or refused to leave — you have formal options. Document first, then escalate.

StepAction
1. Document immediatelyWrite down what happened, date, time, who was present. Screenshot any messages. This is your record.
2. Write to the agent/landlordEmail stating the breach specifically — which rule was contravened, when, and what you expect going forward. Keep a copy.
3. Contact your state tenancy authorityEach state has a free dispute resolution and complaints process for tenancy matters. This is your first formal escalation point.
4. Apply to the tenancy tribunalIf the breach is serious or repeated, you can apply to your state's tenancy tribunal (QCAT, NCAT, VCAT, etc.) for a compliance order.
5. Legal adviceCommunity legal centres provide free tenancy legal advice in most states. Tenants' Unions operate in all mainland states.
Tenants' Union contacts (AU): Queensland — Tenants Queensland (1300 744 263). NSW — Tenants' Union of NSW (02 8117 3700). VIC — Tenants Victoria (03 9416 2577). SA — Tenants' Information and Advocacy Service. WA — Tenants WA (08 9221 0088). These organisations provide free advice and can assist with dispute preparation.
Remember
Retaliatory action by a landlord following a legitimate complaint is itself a breach of tenancy legislation in most states. A landlord who issues a notice to vacate shortly after you have made a formal complaint about inspection breaches may be acting unlawfully. Document the timeline and raise it with your state tenancy authority if this occurs.