Re: Question - Landlord Forum thread

Re: Question by Anna Mouse on December 29, 2011 @11:50

Here is where you are going wrong. You do not need to request access to the property that you own. You give the tenant a 24 hour notice that you are coming in and post it on the door. Then after the 24 hours you go into your property and mitigate the damage!

Now what I did hear, not sure if it is true, is that once you start an eviction you may not enter the property? Is that true, not sure.

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Re: Question by Anonymous on December 29, 2011 @12:02	[ Reply ]

I understand I have this right to enter provided I give notice. I understand I had this in the lease. But the police were very point blank I can not enter that home period without her permission. She is renting that home and has first rights and has rights to arrest me for trespassing even when I give her adequate warning. This is what they told me. The building inspector even tried to get me in there to not being able too. She allowed the inspector but refuses us access.

Re: Question by Eric (MN) on December 29, 2011 @12:22	[ Reply ]

You may always enter the property, but be advised it is an adverse relationship. If your tenant does not want you in, and you come in, especially alone, they can make all sorts of false accusations against you. They have witnesses too, and you are in their home. It may be a weekend in jail, and several thousands in attorney fees to fight false accusations. If you lose, you could wind up actually in jail. If a tenant said you were physically threatening them, and they have witneses, you could be in a bad sitaution. You already look like an aggressor, you are in their home.

Re: Question by Anonymous on December 29, 2011 @12:37	[ Reply ]

I always have someone with me, but it comes down to he said she said and who believes who. I have kids to protect and not worth the chance of jail.

Re: Question by Micah on December 29, 2011 @12:27	[ Reply ]

What you would do is turn the situation around on the tenant. Call the police or visit the police station. Let them know that you gave 24 hours notice to enter and perform CRITICAL REPAIRS TO YOUR HOUSE and that you expect the tenant may be abusive, combative or violent. Ask for a police presence at the home while you are conducting these repairs. If they refuse, ask for it in writing.

Re: Question by Anonymous on December 29, 2011 @12:36	[ Reply ]

I tried that. The inspector also tried that. She just refuses to answer the door. Inspector is willing to testify in court. Police state that I have to get a JUDGE to grant this permission and only a judge can do anything in this type of situation. Nobody else can regardless of who they are.

Re: Question by Micah on December 29, 2011 @12:44	[ Reply ]

You have a key don't you... It's your name on the deed. You need to contact the police chief and city hall and let them know that their police officers are not enforcing the law.

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