Tenants will not allow access to make repair

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wrote:

As far as I know, in all states, you have the right to enter and make emergency repairs without any advance notice. It must be an emergency where the property will be damaged if immediate steps are not taken. It sounds as if you qualify. If the tenants are hostile, you may want to request a police officer to escort you. That is better than going alone and having an altercation with no officers present as witnesses.
Most standard rental contracts and leases at least allow for entry with 24 hours notice regardless of circumstances. This is an advisement that you will be entering, not a request for permission to enter.
Tenants do have some rights, which vary by location. They do NOT have the right to prevent you from making needed repairs to avoid damage to the property.
Captain Joe Redcloud
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On Sun, 16 Oct 2005 23:38:31 GMT, Captain Joe Redcloud

This has probably been settled already, but maybe the original problem that the police wouldn't help is that the landlord wanted them to do it. Maybe he should have shown the police your deed, your lease,, and said, "I'm going to enter my apartment as I have a legal right to do, because there is a leak,, and you should prevent the tenant from hurting me or me from hurting the tenant." The major goal of the police (the good ones at least) is to prevent violence and maybe catch violent ones. They're not going to break into a house without their CO ordering them to. But they might watch while you break in.
Everything else is a civil matter that can be settled later.
But do what Doug Kanter said at x:32 hours.
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snipped-for-privacy@wdeans.com wrote:

You might start by looking at your rental agreement. What does it say. Next is local laws and what it says.
--
Joseph Meehan

Dia duit
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I might have missed it, but what's your evidence that there's a water leak? High water consumption could come from a lot of causes. To get any sort of emergency relief you'll have to convince someone that you know for sure there's a leak.
The wide range of responses you've gotten here indicate that you should seek out a local landlord/tenant agency and ask them what your rights are. I suspect that much will rest on the lease terms - you do have a signed lease, don't you?
-- Bobby G.
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Good question. Mr. Landlord still hasn't told us how he knows there's a leak. Hmmm.....
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Doug Kanter wrote:

a) I got the water bill. b) I asked them. c) They told me.
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And then.....? Did you tell them you'd be stopping by? If YES, what did they say?
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Doug Kanter wrote:

a) When I call them they do not answer and do not call me back. b) I left a note saying that I was coming 24 hours in advance and when I got there they admitted to the leak but did not allow me in. They admitted to the leak to the police as well but they were no help.
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On 18 Oct 2005 08:36:00 -0700, " snipped-for-privacy@wdeans.com"

Sounds to me as if you need to alter how your lease agreement is written. I'm certain that in your state there is an association of realtors of one sort or another. They are very good at making sure their lease agreements are very good. For the landlord. In Texas the Texas Association of Realtors has a committee that periodically reviews court cases and revises their lease agreement. It is currently 14 pages long. The previous agreement was only 8 pages.
Write a better lease agreement. You'll be happy you did...
-- John Willis snipped-for-privacy@airmail.net (Remove the Primes before e-mailing me)
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resistant tenant's place, the police told him that the Sheriff's Dept. would help, and they did indeed escort him in, threatening the tenants with arrest if they didn't comply, or denied entry to my Father in the future.
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I think you have left out alot of details.
Your lease if you have one will state your rights, usualy in my state 24 hr notice is all that is necessary but some preprinted leases do not have that provision. and your entry is illegal if denied. Read your lease. And include "Lanlord may Enter Anytime" in your next one .
You say you are evicting them, go rent Pacifc Heights the movie [ I think that is the movie I remember]. Im sure they are hostile and hate you also. The Police ,County Court Clerk or DA will give you Free correct advise for your individual situation, no need to pay an atty, yet. But you might be better off with one as you do not know your rights or anything.
You say you are evicting them, learn your states laws, we dont know them. Free online legal advise is at www.FreeAdvise.com
If you have legal rights to enter, do so and cut the chain, but be real carefull and do it with the police , if police refuse, a partner and a pocket Voice Recorder , and camera-better camcorder.
They are likely hiding something, I ve had drug dealers-users deny access, And I`ve had rent scam Pros refuse to pay knowing they would get many months till the sherriff would actualy evict,3-6mo and most cold weather states do not evict in winter. You may have a long battle of no rent money and this is their game, but you give no details on your location or lease.
Do not break the law, do not turn off utilties. learn the law and act fast. You have leagal rights, use them correctly, legaly or they will win.
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On Mon, 17 Oct 2005 08:34:00 -0500, snipped-for-privacy@webtv.net (m Ransley) wrote:

You can't count on the police to give accurate advice, and you certainly can't count on a county clerk for gosh sake. You can listen to his advice, but you better check it out with a lawyer unless it doesn't involve possible violence and will give a speedy resullt.
He may tell you how to get into court quickly, however.
The DA is interested in criminal matters.
He or an assistent DA, but not a simple clerk, will tell you what things are illegal to do, but I wouldn't count on them to tell you how to do this legally. They might not even know.

They may well be. I would suggest that to the police and offer them the chance to search the whole place after you are in. That might help get their cooperation.
I don't think you should expect the police to break in however. You should do that with the police there to prevent violence. If there is no violence, everything else will be a civil matter, to be settled by later lawsuits, which you will win if you do things right.. Or a marshall may help you but that will take at least some time in court. Maybe only half a day.

Do not turn the water off improperly. I'm, sure you can turn it off if there's a leak. You have a right to inspect if there is a leak, especially since they told you there was.

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snipped-for-privacy@wdeans.com wrote:

Contact the sheriff rather than the police. Sheriff should have a lot more experience with this sort of thing. I'm guessing they will send a deputy out there with you when you go with the bolt cutter to cut the chains or drill the locks.
Good luck, you're gonna need it, Bob
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zxcvbob wrote:

I wouldn't expect any more and probably far less...
In at least some jurisdictions, sheriffs do not have authority inside the city--only the county. In general, it's a good way to get in the middle of a turf war you <don't> want to be in... :(
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Duane Bozarth wrote:

[Speaking in general terms because it may vary from state to state] Sheriff outranks everybody but the governor. He (she) does have authority in the city; just generally doesn't assert it for criminal matters. But this is a *civil* matter that the police don't want to mess with anyway. That's where the sheriff's office usually excels -- plus the sheriff is an elected official and so has some accountability to the voters.
Bob
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The first question is how serious is this leak? If, for example, you can see it through a window and it serious enough that it can be doing damage to equipment, wiring, etc, then I would get the water shut off outside immeadiately. That is well within any landlord's rights. I would take a photo of the leak too, if possible, or at least have a couple witnesses present that can verify that there was a serious leak and what you did.
If it's not an immediate threat, then I would try revisiting the local police/sheriff as others have suggested. You may find someone sympathetic to helping you gain access and it doesn't cost anything to try. In every state that I'm aware of, a landlord has the right to enter after giving reasonable notice. And for a true emergency, you can enter without notice.
If the police won't assist, then the logical next step is getting an attorney, unless you are knowledgable about how to go about getting a court order yourself.
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zxcvbob wrote:

Incorrect use of "jursidiction", sorry. They do have jurisdiction, what is common here and prompted the remark is that the Sherrif's Dept and local police departments have MOU's in place. Getting into that turf battle is not a pretty thing... :)
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On Tue, 18 Oct 2005 09:06:10 -0500, Duane Bozarth

I wouldn't worry about that. He should be pushing whoever he thinks can help. Let them compete by both trying to help him. More likely, one will say to go to the other and the other will do something if it can.
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I have read this thread but not responded before now.
Your rights will vary from state to state and may vary based on what you have included in your written rental agreement (or lease).
My agreements provide for immediate access without any notice (legal in my state) for repairs or inspections of an emergency nature. Please note that the definition of the term "emergency" may vary from state to state. Without a doubt if I thought there was water flooding my basement that would constitute an emergency.
If the tenants are standing there barring your entry, as sad as it sounds, you have no legal recourse except through the courts. If they aren't at home and your agreement provides for emergency inspections or repairs you should be within your legal rights to enter the property.
Sounds like you have losers for tenants. Please let us know how it turns out.
Colbyt
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Colbyt wrote:

Yes. My lease says that I have access with 24 hour notice.
Yes. They physically block my entrance. (I knocked, waited, knocked, waited -- then I opened the door a little and it was chained. They slammed it in my face.)
I went down to the district justice who isn't allowed to give legal advise but she said that they could not deny building code entrance no matter what and if I happen to be there at code's request??? I was not able to handle this before having to leave town. I am going to be out of town until Friday or Saturday but when I get back I will give the sheriff and/or code a call.
Thank you all -- I will tell you how it turns out -- and update you all as of Friday - Saturday. William
PS: I was advised NOT to turn off the water.
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