Tenants will not allow access to make repair

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If you gave legal 24 hour notice and was denied entry than go to court. The court will issue a court order that the police will be able to enforce. If there is risk of property damage the process can usually be speeded up. Similar to a 30 day eviction only faster.
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Instead of wasting time HERE, I'd do the following *TODAY*.
1) Walk into court office: "The basement of my rental's becoming flooded because my tenants won't let me and the cops can't help - I need a judge to do <whatever is necessary> TOMORROW so the cops will accompany me blah blah blah....". There are certain experiences which get sympathy from all sentient beings in civilized countries. A flooded basement is one of them.
2) Walk into police station, ask to speak with commanding officer, see if he/she has a creative idea, or can send an officer who has more experience with these situations. The law is the law, but there *are* cops who are pretty creative with words. I've seen it. Finally, ask the CO if he's got any connections that'll get to a judge faster, so the necessary paperwork can be obtained. When they need a warrant quickly, they don't wait for weeks.
3) Call insurance company NOW and inform agent of what's going on. If there are angles for dealing messes like this, you need to know about them. If your agent gives you a blank stare, you need a new agent. If you're going to continue renting to slimeballs, you may need to explore more options on your policy.
4) Get out the yellow pages and start calling cleaning companies. Not "maid services", but companies who know how to do major cleanups in houses where (for instance), people have been arrested after being found to have 84 abused pets and the floors & carpets are atrocious. The police or fire dept may be able to provide names. When dead bodies are found, especially gunshot victims, the situation often requires more than your usual carpet cleaning company. Why do all this? If you turn off the water at the curb, as someone else suggested, your tenants are probably going to "misbehave". Interview cleaning services and have a name ready to call. A friend of mine had a sewer back up into his basement a few years back. He couldn't seem to get it completely clean. He found a company that had the job done in a couple of hours. They exist. Fine one NOW.
5) Try and remember who told you it was a good idea to own certain types of rental properties. Cut off all contact with this idiot.
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Think twice before calling the insurance company for advice. At least don't identify your policy number or address. I have heard (though I cant prove) that in the past, people's premiums have been increased or policies cancelled simply for inquiring about certain claims.
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If your agent is so lousy that your rates go up after asking questions, you need a new agent.
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Not the Agent, the Company. I agree but I did not make it up.
http://www.cbsnews.com/stories/2005/08/19/earlyshow/contributors/raymartin/main788713.shtml
about half way down the page at the bullet "*Inquire carefully"
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http://www.cbsnews.com/stories/2005/08/19/earlyshow/contributors/raymartin/main788713.shtml
That's why I like my agent. I used the auto glass coverage once after 10 years with the same company, and they raised my rates 15%. We switched companies immediately, and I got a rate that was 5% lower than the original.
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It's like jobs, if you want a big improvement, you have to switch.
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On Sun, 16 Oct 2005 20:45:53 -0700, "Pat"

While this is true, do you know how long it takes the courts to get anything done? You cant wait that long. SHUT OFF THE WATER !!!
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wrote:

Is damage happening to your property, or the possibility of damage? What exactly do you mean by "water is leaking in the basement"?
In most states, if there is reason to enter to prevent damage, you would have the right to cut chains, or break down any barriers with or without notice. Further, you can probably sue the tenants and make them responsible for any damage caused or exacerbated by their actions. They probably don't have any money, but they'll have a very hard time ever finding another rental with your lawsuit as part of their credit report.
More details about the type of rental, the location and the reason the tenants seem to resist would help. Meanwhile, no one can give you valid legal advice for your situation in usenet, including lawyers. You probably need to retain a lawyer at this point. If the rental agreement does not include some of the things I mentioned, you badly need a lawyer anyway.
Captain Joe Redcloud
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Captain Joe Redcloud wrote:

There is a pipe joint which is spewing water.

Yesterday the tenant was in the house and I would have had to physically push past them. I called the police and they were unwilling to intervene more than talk to the tenant.

I am evicting them. They have bad credit. They don't care about worse credit.

OK... but that doesn't help my problem.

The rental is a single family home and as far as I can tell they would rather just let the water run as it is costing me money and I am evicting them.

I need a lawyer to get access to my own property to repair it?

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wrote:

Well, yes it appears that YOU do. The alternative, of course is that you can sit and steam for the next 3-6 months while eviction slowly works it's way along. Your insurance is not going to pay for any damage caused by the leak unless you mitigate the damage by fixing the pipe immediately. They don't care one bit what you have to do to get the repairs done. First thing to do is get the water turned off at the street, and padlocked.
Captain Joe Redcloud
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In some states, especially CA, you can't do that. Turning off utilities on rental properties can get you in legal trouble.
Pagan
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I'm sure the water authority will inform him of that when he calls.
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wrote:

It depends entirely on WHY you are turning off the water. You can't turn off water to force someone to leave, but you can turn off water to prevent damage or a dangerous situation from developing. In this case, water may be spraying all over wiring in the basement. You can turn off the water to prevent electrocution and fire.
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This makes perfect sense...which is why it may very well be illegal in CA.
Pagan
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On Mon, 17 Oct 2005 10:37:22 GMT, Captain Joe Redcloud

EXACTLY !!!!
After reading more of this thread, I fully agree. If the police will not assist, you still have to protect you property both from the standpoint of the property itself, and for your insurance coverage. If the tenants will not let you enter, you have only one recourse. SHUT OFF THE WATER AT THE CURB. Not only will that protect the property from further damage, but will "encourage" the tenants to want to vacate the property, since they have no water. Be sure to document everything, including the badge number of the police officer, be sure to file a legal WRITTEN notice to the police, and if they will not allow you to use their paperwork, Hand them a typed letter in your own words, stating the issue. Then have the water company or a plumber shut off the water at the curb, so it's documented, and if possible get something in writing. I should also note that here is yet one more option. Get a few guys together and simply force your way into the place. The second the tenants lay a hand on you, you have a case of assault and or battery. Your buddies will serve as witness and possibly protection too. Once the tenant touches you, you are beyond the landlord tenant laws, and the police MUST file charges.
PS. If this is a rural property with a well, you must then disable the well pump. The best way to do this is to pull the electric meter.
I should note that I once had some tenants that sounded a lot like yours. I gave notices and did all the stuff allowed by law, and still was not getting anywhere. Legally, I could not disable the electric power, but I got angry enough that I simply pulled the meter and took it. Without power, the tenants were screwed. No power, no water (well water), and they moved real fast. Yes, this was not legal for me to do, but since the police would not assist, and the tenants were a threat to the property (just by being there after threatening me), I did what I had to do to protect the property, knowing that they were not going to sue me, and if they did, so be it...... I had mopre against them........ (Note - It was not winter so I did not physically threaten them from a lack of heat).
Mark
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Breaking and entering. Home invasion. Very bad idea.

That would be self defense. They could very well shoot you and your friends.

They will, but against the invaders, assuming they're still alive.
The tenants can always claim they didn't know about the leak, didn't get notice, didn't know who you were, and so forth. They certainly aren't going to tell the police they wanted to destroy the property out of spite. Busting into somebody's home (and it IS their home, even if they're not paying rent) is going to bring nothing but grief, misery, and possibly bankruptcy.
Chances are they'll end up owning the home, after sueing the landlord.
Pagan

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On Tue, 18 Oct 2005 13:59:31 -0500, snipped-for-privacy@UNLISTED.com wrote:

This is why he should talk to a property lawyer for a bit. You may be right, but the tenant will lie about the original problem, and say that the landlord assaulted him when he and his buddies forced their way in. In addition, he'd better choose the right buddies who don't do more than is necessary.
I agree that he has to mitigate damages. He should have already acted.

Remove NOPSAM to email me. Please let me know if you have posted also.
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If it were me, I'd immediately begin the eviction process. They are most likely doing something very illegal, which could put your property at risk of confiscation.
Bob
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Interesting thought. Might be a good idea for the OP to keep detailed records of everyone he speaks with, especially individual cops and their badge numbers. Complaints in writing couldn't hurt, either.
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