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24 hour notice to inspect by Monica on January 6, 2009 @01:38

                              
I have never gone into a tenants home with no one there after posting a 24 hr. I posted the notice (actually 3 of them)on the door so I am very uncomfortable going in. Don't know what could come out of this, a confrontation? His dog? Being startled if someone comes home while I am "snooping" really inspecting. Is it a common practice to call the police and ask for an escort? I am leary of tenant making any accusations, I figured I would at least take my 17 yr. old daughter with me for a wittness to be on the safe side.

Any suggestions or words of wisdom, I really don't feel as though I have a right to just go in. I used the LPA notice form and will knock and ring the doorbell, I will give them enough time to answer the door, I am really unsure about going in.

Does anyone else feel the same way, or is this first time jitters? I really don't want to do anything that could get me in any kind of trouble. I would really like to know if a police escort is a stupid idea, or not. Is it something that they do for this kind of situation?

What if the notice is still on the door? There are actually 3 notices all together and the 24 hr. notice to enter is behind the first page. Should I just repost another notice to enter and wait till the next day to go in. I drove by tonight to see if anyone was there(they were home) and see if the notices were still on the door. I don't know if they use the front door or not, as best I could tell(it's dark) the papers were still on the front door. Someone should have seen them upon entering the drivway. What if the tenant says, I never saw the notice, you don't have a right to be in here?


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Re: 24 hour notice to inspect by Debbie on January 6, 2009 @09:12 [ Reply ]
I normally give the tenant a quick phone call plus an email. Almost always before 10am.

Half of the time, I leave a message on the answering machine. The other half of the time they answered. I simply say in a happy voice: "Hi Tenant! Good to hear your voice! My calendar is telling me that it's time for a winter preventative maintenance. I'll be stopping by around 11 tomorrow morning so if you're there, I'll see you."

Normally, they'll tell me that they'd be at work, which I already suspected and that's fine with me.

Usually I or my hubby go by ourselves. Only a couple of times, we go together if there's something questionable. Especially, if a tenant is at work and has a female teenager at home. Which in this case, hubby will NOT go without me. He doesn't trust teenagers in general.

In your case, if you haven't started the "preventative maintenances" early, you might find resistant from your tenant. I would advise that you bring your hubby or another adult with you. It may take 2-3 times before your tenant relax and allow you without being there.

Remember, you as a landlord is in charge. Tenant is not. Don't allow your tenant to be in charge of when you can enter your rental property. Yes, there'll be times it would be inconvenient (i.e. tenant is sick) and you will need to reschedule. But do get the job done soon and quickly. Establish the preventative maintenance soon and do them regularly.

Monica, relax and take deep breaths. I've been there before where I felt like I was inconveniencing my tenants. Soon I realized that I wasn't doing my tenants and me any good service until I relaxed and took deep breaths. Before I knew it, everything turned out to be icing on the cake!

I still say... by Debbie on January 6, 2009 @12:03 [ Reply ]
don't do it. Because of past history of tenant not taking you seriously, it is highly likely that your tenant will not take you seriously regarding your 24 hour post.

My biggest concern is that your tenant will consider you as an intruder and could cause you harm.

I do understand your desire to see if there's any damage(s) done to the property. If there is damage(s), it will still be there when they move out and you will know. While it is understandable that you feel the need to know right now if damage(s) exist or not. But seriously, it is simply not worth the potential problem that can easily create between you and your tenant. Your desire to know could lead you more harm than good. It is just not worth it.

When does the 3 days notice expire? If it's expired already, begin the eviction. Based on your posts regarding your tenant, it would be very wise to hire an experienced eviction attorney. It is far, far better to be safe than sorry.

Re: 24 hour notice to inspect by Monica on January 6, 2009 @12:54 [ Reply ]
I am thinking that I will call him prior to going over there and leaving a message stateing that I am going in to inspect as per the 24 hr. notice I had posted yesturday.
I am just not sure how to approach this, I am really hoping no one will be home. If someone is there and answers the door, I will just say "I see you are still here,I thought you were moving out." then I will turn around and leave.
Okay, I'll by Debbie on January 6, 2009 @13:20 [ Reply ]
bow out. Like me, you're a stubborn lady! *big grin*

I expressed my concerns and gave you advice. Only you can make the final decision.

All I ask of one thing: Be Careful!

Re: 24 hour notice to inspect by Monica on January 6, 2009 @13:44 [ Reply ]
I just talked to my husband and he's going with me.
Re: 24 hour notice to inspect by OH LL (OH) on January 6, 2009 @14:24 [ Reply ]
Monica, are you in OH? Then just go to inspect. OH law allows posting of notices on the door. Tenant's problem if he fails to notice things posted on his front door. No doubt they are leaving them and ignoring the notices. (To tenants: ignoring a problem does not make it go away.) Make sure you take a witness with you who can say the notice had been posted correctly and that you knocked and rang the bell before you entered.

If they are there, I wouldn't say I thought they'd be gone. (No need to stir the pot.) I wouldn't turn and leave. I'd just tell them I was here for the inspection and go ahead and inspect. That's what you came to do - do it! Unless the tenant bars you at the door or tells you to not enter, go ahead and complete it. I take a camera with me to photograph things I see. You may want to do the same. I might even question if they had the rent when I was there, but that's me! (grins) Just be polite and professional and do the job. If you haven't posted the 3 day yet, no eviction proceeding has begun and you can still enter. If you had posted the 3 day, I would advise against the inspection.

Thanks Guys by Anonymous on January 6, 2009 @14:33 [ Reply ]
I appreciate everyones comments and concerns (thanks Debbie). We went (hubby & I) no one was home but tenants are still living there. I did a casual glance around the main living areas instead of inspecting. My husband said, what's the point of inspecting for damages when there will still be damages when he moves out? I said, "if he does not get evicted, we can give him a 30 day notice to correct any damages". This way we arn't stiffed on those damages.

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