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Can Stockbridge Property Owners Be Charged with Trespassing on Their Own Rental Property?

Woman Inviting Her Landlord Inside the HouseAs a landlord, you will be responsible for maintenance on your property. Nevertheless, the minute you renters in your investment property, you have to provide your renters with an advanced notice ahead of time before anyone enters the property. Your property turns into the renter’s home once you turn over the keys. The bottom line is, just because you are the owner of a rental property in Stockbridge doesn’t mean you can intrude on the lives of your residents without proper notification. Despite the fact that you simply plan to change a furnace filter, any unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law, so brush up on the legality of your entry as a landlord. Outline the terms for notice to be given before entry in the lease so you don’t violate your renter’s privacy. For instance, twenty-four hours is the most typical notice requirement for someone other than the tenant or their guests to access the property, regardless of whether the resident is home or not. Different areas further restrict entry to times of the day and days of the week, so make sure you recognize and follow the laws in your area in this regard. It may well give the impression as if it’s a small adherence, but bearing in mind the alternative, it’s well worth the wait.

Exceptions to this could include emergency repairs or safety issues, for example, faulty wiring that poses a fire hazard, burst pipes leaking into another unit, or broken windows and doors that could impact the comfortable temperature or could possibly entice criminal activity. As a landlord, you should keep the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. In fact, failure to conduct emergency repairs within the time span that is stipulated by your state law could constitute neglect.

You and your tenants need to ensure that the property is up to the local building or housing codes. If a lack of maintenance or a renter’s extended absence is affecting heat or ventilation, or broken fixtures are preventing the adequate provision of water or electricity, then as the landlord, you could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, seek legal counsel with respect to whether you have a reasonable right to enter the premises to conduct repairs.

Another exception to criminal trespassing is implied permission. This would incorporate whether your renter requested repairs or maintenance, which would show that they know and gave authority to your entry of the premises. Unless it is explicitly stated in the lease that notice should be provided for all repairs, you may be covered from a liability standpoint. Keep documentation of all maintenance requests to avoid the risk of a lawsuit.

In due course, you should respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not give you the authorization to drop by without notice. You must submit proper notification of future entry. Illegal entry can result in fines up to several hundred dollars, or even jail time, depending on your state.

Real Property Management Anchor not only provides for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also keep you in the know regarding all facets of your rental property. For more information on how we can make your life easier, contact us or call us at 770-506-1237.

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