mid-term house inspection - Landlord Forum thread 338253

mid-term house inspection by nina (CA) on August 21, 2015 @16:16

Hello,

My tenant does not consent to mid-term inspection, that I was planning. That really makes me worry about the house. I saw one of the backyard windows , covered with something. Not sure if its broken , and hoped to find out in the mid-term inspection, but now I cannot, it seems, have the mid-term inspection without T.'s approval.
What can I do?

Thanks.

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Re: mid-term house inspection by Garry (Iowa) on August 21, 2015 @17:28	[ Reply ]

In most every state's LL/T laws, there are provisions that say the tenant must allow you access to your property, after you giving them proper notice, and a reasonable reason for wanting in. If a T refuses to allow access, they would be in violation of one of your state's LL/T laws regarding access, and ultimately, you would need to go to court to ask a judge to grant you access. That takes time and money. And once you got in, and found lots of damage, how are you going to force the T to fix the damage if they refuse to do so ? Then its back to court again to try to get a judge to either order them to repair the damage, or to evict them because of the damage. More time and money, and it still may not get the job done. The best thing to do, in my opinion, is to try to personally reason with them by phone, text, email, or letter. Ask them for a date and time of their choosing, even if its 2-4 weeks out. If they still refuse, let it go. Just assume they will be leaving damages behind when they move out. Then, about 60-90 days before the end of their lease, you should send them proper notice that you will not be renewing their lease, and to be moved out by the end of it. Yes, that will make them mad as H, and they may do even more damage to your place. But all of us LLs face that same scenario if we happen to get in the wrong T in our property. Good Luck , and let us know next month how it turns out.

Re: mid-term house inspection by Katiekate (New York) on August 21, 2015 @19:37	[ Reply ]

Doesn't your lease have language in it to the effect that landlord has the right to enter wither without the tenants permission provided the landlord gives 24 hours prior written notice, or in the case of emergency. ?? It is standard language in nearly every lease I have ever seen...and it complies with state law. Check into this. Write a notice..post it on the door. And then..bring someone else with you..do not go alone. Take a camera too.

Re: mid-term house inspection

Re: mid-term house inspection by MrDan (Georgia) on August 22, 2015 @12:04	[ Reply ]

. You are correct in that you need the tenant’s approval as California law does not give a private landlord the right to enter for any periodic maintenance inspections. Any rental agreement provision that allows a landlord to enter for such inspections without the tenant’s consent is unenforceable. Evicting a tenant who refused to allow such an inspection would constitute an illegal retaliatory eviction. (California Civil Code Section 1954) Any violation by the landlord can range from a misdemeanor to imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.... Retaliation (CAL. CIV. CODE § 1942.5) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following: (1) The actual damages sustained by the lessee. (2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to such act. (g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing party if either party requests attorney's fees upon the initiation of the action. As to a possible solution; January 1st 2014, owners of both multi-family and single family rental units are now responsible for testing and maintaining the smoke alarms within all of their units. On the other hand, landlords of apartment buildings containing two or more units are required to test and maintain the devices in all of their units, vacant or not. (Health & S C §13113.7(d)(2)) California’s Building Code §310.9 requires a smoke detector to be installed in each bedroom as well as the hallway outside the bedroom. (Take note, that effective January 1, 2016, owners of rental units intended for human occupancy will be required to install additional smoke alarms, as needed, to ensure that the devices are located in compliance with building standards in effect at that time) A reasonable inspection schedule to test and maintain the smoke detector devices (whether annually, semi-annually, or quarterly) will allow you to legally gain access to your tenants’ units. As a landlord, you should consider joining your local Apartment Association, where you can learn the landlord tenant laws and other regulations that govern your business.

Re: mid-term house inspection by Anonymous on August 23, 2015 @15:50	[ Reply ]

I have a tenant , very busy and I could never go to the house and I was concern in which condition the house was,so I asked him if everything was working fine and he said the garage door does not open all the way so I sent somebody and he went inside the house to check that all the toilets and alarms were working well. a perfect excuse to see the house. and actually he had it very nice!

Re: mid-term house inspection by Melanie (CA) on August 24, 2015 @13:29	[ Reply ]

Youve received some great advice. They are protected from a look and see inspection, but as previously stated, you are legally allowed to check on the status of the smoke detectors. and ALWAYS keep in mind that you are NOT asking permission to enter, but simply letting them know what WILL be happening.

Re: mid-term house inspection by Larry (IL) on August 24, 2015 @21:16	[ Reply ]

I had the same problem. The tenant signed the lease and actually requested 48 hour notice of any inspection and work. When I wanted to inspect she refused me access. I put the 10 day notice and got an attorney. She then got an attorney. She agreed to an inspection. It turns out she had a dog that was not allowed per the lease.