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Owner Right to Enter after tenant has given notice - Landlord Forum thread 330235

Owner Right to Enter after tenant has given notice by Pam on January 22, 2015 @16:57

                              
Tenant gave verbal notice on 1/5/15, to vacate on 1/31/15 due to separation and budget. I try to give 24 hours notice before showing to prospective new tenants, but not always possible when out-of-towners want to look. Tenant is mad and states they work for law firm..."It is the law, I must give them 24 hours notice". I interepreted contract to mean if tenant gave notice to vacate, owner would have automatic authorization to show premises at any and all reasonable times, regardless of whether tenant is present or not. Did I interpret the LPA Oklahoma lease contract "Right of Entry for Periodic Inspection" clause incorrectly?
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Re: Owner Right to Enter after tenant has given notice by Mark (Ok) on January 22, 2015 @17:12 [ Reply ]
Your State law requires a 24 hour (one day) notice to enter for showing. If you are entering at any time without proper notice, the tenant can seek damages and get an injunction to prevent you from entering. Learn your State laws before it cost you a lot of time and money!
Re: Owner Right to Enter after tenant has given notice by Wilford on January 22, 2015 @17:23 [ Reply ]
You should make it a practice to get a written notice of termination. This will prove valuable when the tenant overstays and especially overstays without paying. You can evict if you have a written notice.
Re: Owner Right to Enter after tenant has given notice by Anonymous on January 22, 2015 @20:39 [ Reply ]
You are incorrect. You need to post a 24 hour notice on the door unless the tenant verbally gives you permission to enter.
Verbal notice to vacate should be in writing.
Re: Owner Right to Enter after tenant has given notice by Garry (Iowa) on January 22, 2015 @22:07 [ Reply ]
This is your lease and you don't even know what it says ??? Every LL in the country has to give a 24 hr notice, unless it's an emergency. What makes you or your lease any different?? If your T works for a law firm, and from what you have explained to us in your OP, I'll guarantee he knows more about the laws than you do. You need to back off and not ask to gain entrance until the T is totally out and you have the keys back. Even if you have the legal right to enter after a 24 hr notice, the T might not let you in. And the only way to actually ENFORCE your right is to go to court and have a judge order the T to give you access. Right now, if you t him off, he could say bad things about you as a LL to the prospective Ts you show the place to. And he could also trash it when he leaves. You do need to get his vacate notice from him in WRITING, as a judge will probably not enforce an oral vacate notice. If he won't give you one in writing, then tell him you will expect him to pay Feb. rent to you on the 1st.
Re: Owner Right to Enter after tenant has given notice by P-Bone (NY and OH) on January 23, 2015 @12:21 [ Reply ]
Unless you had one heck of a good working relationship with your tenants that would allow significantly less/no notice, which is definitely not the case here, you have to obey all the required notice terms. In these cases, a minimum of 24 hours notice is required. If you have out of town prospects, you have to clarify that due to the nature of the lease and landlord/tenant relationship, they have to allow you to give appropriate notice or you cannot show them the property.
Re: Owner Right to Enter after tenant has given notice by P-Bone (NY and OH) on January 23, 2015 @12:24 [ Reply ]
You are reading too far into the rules. You have the right to give appropriate notice and get authorization to show it at reasonable times, regardless of whether they are present, if you have given notice. Honestly, if there is a tense relationship between yourself and the tenant, performing showings would likely hurt your chances of getting a good prospect. Sometimes it's better to wait until its empty. "Right of Entry for Periodic Inspection" is a whole different clause with regard to maintaining the house and preventative maintenance. This would also likely require a minimum 24 hour notice. I have used it rarely when I had a leak in one unit and wanted to make sure similar leaks weren't happening in other units. My tenants were pleased I was being proactive in case of similar issues.
Re: Owner Right to Enter after tenant has given notice by Anonymous on January 23, 2015 @12:56 [ Reply ]
" not always possible when out-of-towners want to look."

Are you just showing the rental to anyone without first screening them to be sure they qualify? Why are you showing to people who just want to look?
Re: Owner Right to Enter after tenant has given notice by B on January 24, 2015 @20:39 [ Reply ]
>I interpreted contract to mean if tenant gave notice to vacate, owner would have automatic authorization to show premises<


How is your contract worded so that you would think this is legal and OK? I've never seem a contract that would state such a finding! Have you even read your state tenant landlord laws? That's why the 24 hour notice law exist, because of bad inexperience landlords like you!
Re: Owner Right to Enter after tenant has given notice by Anonymous on January 26, 2015 @20:20 [ Reply ]
I'm sure you get the picture.

If the laws say 24 hours, it doesn't matter what your lease says. If the law is there to protect the tenant then your lease can not supersede that protection. (at least in my state)
Re: Owner Right to Enter after tenant has given notice by Daniel (CA) on January 27, 2015 @02:46 [ Reply ]
To give the OP credit: there are situations when a written notice to enter is not required ( in California, and probably the same in OK).

The situation is when the property is listed for sale, but a verbal 24 HR notice is still required.

However, this process is still unclear to me.

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