Re: LL right to enter & tenant wants to e-mail - Landlord Forum thread 341182

Re: LL right to enter & tenant wants to e-mail by Susan on November 28, 2015 @11:53

Actually you are not following the law. A landlord can only enter;
1- In case of emergency
2- To make necessary or agreed repairs
3- When the tenant has abandoned or surrendered the premises
4- Pursuant to a court order

Porch light repair will require the tenants permission
Tighten stair rail will require the tenants permission
Re-keying the locks? Was this a request by tenant? Or did you fail to change the locks before move in.

Non of these repairs meet the definition of an emergency and require the tenants permission for the landlord to enter.
Any entry made without the tenant's consent that is not otherwise allowed by law may be considered trespassing. A landlord who makes an unauthorized entry may be subject to criminal prosecution as well as civil prosecution for invasion of privacy, harassment and infliction of emotional distress. In certain cases, abuse of the right to enter may be a violation of Municipal Code, which would subject the landlord to both criminal and civil penalties.

Just because the landlord gave notice does not mean the tenant has to permit the entry by the landlord. The landlord needs to work with the tenant to set up a mutual day and time for any entry.

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Re: LL right to enter & tenant wants to e-mail by Int'l LL (CA) on November 28, 2015 @12:36	[ Reply ]

I gather from this discussion that the work may not be considered necessary, but tenants have requested repairs and I've agreed. Now it is a matter of when. So do I give 24 hour notice or not?

Re: LL right to enter & tenant wants to e-mail by Garry (Iowa) on November 28, 2015 @13:00	[ Reply ]

You do not have to give the T a 24 hr notice if you have a signed and dated text/email/letter from them as to when you can come over. THEY are the ones giving YOU the minimum 24 hr notice as to when to come over. As I said earlier, ask them for several dates and times so if one doesn't work, another one will. Then confirm the date/time with the T and stick to it no matter what. You guys are butting heads because you are throwing codes and legalese at them, and you want them to conform to your time frames, when it should be the other way around. Accommodate them and you may become friends again.

Re: LL right to enter & tenant wants to e-mail by Int'l LL (CA) on November 28, 2015 @13:46	[ Reply ]

First of all I'm not an attorney and I don't pretend to be, and G, from what you have stated in other posts, I gather that you are not either. You live in Iowa and you have a basic landlord understanding of your state's laws. I live in California and everything I read points to California Civil Code 1954 which states "Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary" with or without the T present. You assume that our communication has fallen apart because I speak legalese at this point in time, but there was another issue between us that has not been discussed in this stream. My trust in them has been broken because of their lies and manipulation and I feel that everything has to be documented in writing after that trust has been broken. It amazes me to see how people jump to conclusions with the bit information that is provided.

Re: LL right to enter & tenant wants to e-mail

Re: LL right to enter & tenant wants to e-mail by PortlandLL (Maine) on November 30, 2015 @13:12	[ Reply ]

Actually, in most states the law says that the LL only needs to give 24-48 hour notice to enter (in writing). It could be to do an inspection or do repairs. It doesn't have to be an emergency. A LL should be in each and every apartment several times a year for inspections and repairs/upkeep. Tenants can choose to be there if they like but that is their problem, not the LLs. You can try to schedule a time that suits you both, but not to the detriment of the building or the lls time and money. Contractors are hard to find and schedule and most tenants are ignorant to that fact. Annoying tenants like this are why I use M2M agreements. If they don't want to cooperate, they do not need to live here. They can go try and find a place in this exploding rental market. Any tenant who chooses to vacate now just means that I can get an extra $2400 a year with a rental increase to market rate. I keep my rates low for good tenants. PITA's can pay full price :) It sounds harsh, but I'm the property owner, not them. I'm the one who has $400,000.00 invested in the building. It's like someone else making parenting decisions for your kid instead of you... That doodie don't fly. lol The squeaky wheel doesn't get oiled, it gets replaced by a new wheel!

Re: LL right to enter & tenant wants to e-mail by MrDan (Georgia) on November 30, 2015 @14:28	[ Reply ]

On average 69% of landlords do not understand privacy and access laws according to a National study by Zillow. Just because a landlord gives notice does not mean the landlord can enter, it's takes the approval of the tenant or lack of objection that gives the landlord the right of entry. "A tenant may deny consent for a landlord or landlords agent to enter upon the premises if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlords agent prior to, or at the time of, the attempted entry" (a simple note posted on the door is sufficient to deny entrance) "The landlord or landlords agent may not enter if the tenant, after receiving the landlords notice, denies consent to enter" "If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the re-occurrence of the conduct or may terminate the rental agreement" It looks as if you may fall within that 69% group? It takes more than ownership to be an effective landlord. Statistics show that amateur landlords cause nearly as many problems for themselves as their tenants do. Those who have and maintain good relationships with their tenants have very few problems of access.

Re: LL right to enter & tenant wants to e-mail by Anonymous on November 30, 2015 @15:32	[ Reply ]

"It's like someone else making parenting decisions for your kid instead of you... That doodie don't fly. lol" Never forget that your tenants are your customers and that you are business owner. They aren't your children, employees, or subordinates. This is a business relationship and your tenants are exchanging their money for a service provided by you, the landlord. Do wrong by them, and they'll walk, and take their money with them. Qualified tenants have their choice of where to live. You want them to choose to be with you and STAY with you.