Tenants will not allow access to make repair

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wrote:

In the world our parents lived in it was common sense and logic when it favored the landlord. In other cases, it was a shame and there was no remedy.,

it sounds like your parents would have been happy to squash any poor soul who got in their way. If not, they'd understand why tenants in some places have more legal rights than they used to. To prevent immoral landlords ffrom stomping on their moral rights.
But if you don't think it works that way, I'd advice you not to invest in rental property.

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the
I completely agree with you. But who is going to make the FINAL determinations as to whether or not it was harassment or an emergency. Common sense may not prevail.
It may well be a judge. We run about 50/50 here from those who recognize a hole in the ground. The other 50% are bleeding hearts.
It actually took a court order from one of the smart judges here for me to legally enter what I thought was an abandoned property during the winter to protect it from further damage. Frankly I was going in either way but I tried to play by the rules and won that one.
Colbyt
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wrote:

Exactly
And remember, if there was to be a court matter, the pipe will still leak when the water is turned back on, and I would videotape the pipe and have a licensed plumber there to verify the leak exists.

Well, the OP had to ask on here, but I think he should contact the building inspection department.

As I said before. I dont mess around. I had some bad tenants refuse to pay rent, gave them notice that they must move, and they stayed around for a week more. By then I sent the sheriffs out, and the sheriffs served a notice but said I would have to go to court if they still did not leave. Another week went by, and I found the people gone from the property, but their furniture was still inside. Worse yet, they left a horse behind, in the pasture, and it was not being fed or watered. (This is a farm). After giving the horse some hay and water, I immediately contacted the humane society, who said they only dealt with cats and dogs and other small animals and were not equipped to deal with horses. I told them my name, address, phone number, etc. Told them I am a farmer and I would move the horse to safety myself. I video taped the horse, empty water tank, and lack of feed. Then I loaded the horse in my stock trailer and placed it on a friends farm who live way back in the woods. Then I changed the locks on the house. Sure enough, the next morning the sheriffs paid me a visit. I first showed them the paperwork and the fact that they had served notice on the tenants (these were different guys). Then I invited them in to watch my video, and told them the horse was being neglected and that I contacted (so and so) at the humane society. I further explained that the tenants moved and left their furniture behind, and I had the right to lock them out according to the law. The sheriffs were totally in agreement with me and even thanked me for assisting the horse. The tenants were charged with animal neglect, but eventually got their horse back AFTER they were required to pay me for feed, and for board, and the sheriffs demanded that they do, plus they were fined for animal neglect. They also insisted on getting their furniture back. I told them they could have it as soon as they pay the back rent they owed, PLUS storage fees for the furniture, and handed them a copy of the law about abandoned personal property. Included was a written notice stating they had one week to pay, or all possessions left behind would be disposed. They never came back, and I disposed of their junk furniture.
I still feel sorry for that horse. I wish I could have gotten it away from the scum tenants, and I would have kept it myself and given it a good home. I am not sure what would have happened if the refused to pay me for feed and board and refused to pay the fine, but either way, the law was on my side and I was not worried about doing what was truely the right thing to do.

I dont deal with scum either, but no matter how well you check references, it seems that most landlords end up renting to them. These people that I just explained about had excellent references. At least the ones they gave me........... But those are th ones they gave me. Apparently they had some bad references too. But who gives out bad references !!!!

If that pipe leaks too much longer, the basement may end up being filled with fish :)
Mark
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I require a $400 deposit, and the balance to be paid before or upon arrival. That works really good for us, but, again, it is different because of the nature of our rental.
Steve
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wrote

Require a credit check, and follow through with the check. It will cost a couple of bucks, but it is better than renting to a dead beat. Not too many dead beats have good credit! Greg
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On Tue, 18 Oct 2005 20:32:57 GMT, "Colbyt"

True, What's to stop me removing a master bed room window or even a front door. Wasn't long ago I advised my wife that I might go to jail. I was willing to go that far, it's our damn house! My tenant was even a law enforcement officer that refused inspection/entry with registered mail notice of the exact date and time. Since they owed money we had them served with a "five day pay or quit" and if they failed to pay the Judge was going to sign an immediate eviction. BTW, the Judge did explain to the tenant that the property was his to refuse entry the rightful owner.
Oren "My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."
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On Tue, 18 Oct 2005 13:58:43 -0700, snipped-for-privacy@at.us wrote:

Opps!
...the Judge did explain to the tenant that the property was NOT his to

"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."
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On Tue, 18 Oct 2005 20:32:57 GMT, "Colbyt"

What would the damages be? The cost of paying for a shower at the Y?

Some big cities have strong protection for tenants, and mostly because some bad landlords prompted it.
In a lot of places the landlords have incredible power.
And in a lot of places it is somewhere in the middle, which allows for injustices in either direction at different times.

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If your property is in or was in decent shape Code enforcement is the way to go. Most of these inspectors are smart enough to see and know the difference between landlord neglect and tenant abuse. They will inspect the property and if you ask real nice off the record they will condemn it on the spot. The tenant gets 24 hours to move or be evicted by code enforcement. This is not something you want to do every time you need to get rid of a problem tenant but you can get away with every great once in a while
Then you correct all problems, get code enforcement to give you a compliance letter (this is proof it was repaired and meets codes) and you are free to rent it.
The only sad part of the whole thing is that the low-lifes in your unit will now get money from the Red Cross and other charities.
Colbyt
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I was a landlord for many years. Standard residential leases require a landlord to give a 24 hour notice either in writing or by phone, for the landlord to enter the property. If the tenants are causing you problems, I'd suggest the written notice so you have proof. Simply post it on their door and have a witness with you when you post it. However, in the event of an emergency that threatens the home or property, the landlord can enter the premises at any time without giving notice. In other words, if this leak threatens to damage the property in any way, you can enter immediately, and use any method available to enter. I'd say that if it's a small drip, you should give the 24 hour notice, but if there is a stream of water coming from the pipes, that means that something in the building is likely being damaged, and/or the pipe is ready to break entirely and thus flood the place. In this case, it's an emergency and you can and should enter immediately. This is the LAW in most if not all states and written in standard leases. I do hope you have a legal lease with these tenants, but even of you do not, this is your right.
Aside from the law, I learned over the years one big lesson. Bad tenants are BAD TENANTS. Do not let them bully you around. You own the house, and you have a right to protect it. I had some bad tenants threaten to sue me if I entered the property, AFTER I served them with a legal evicion notice, and they refused to move on or before the date of notice. They called me and left several threatening messages on my answering machine, threats to do damage to the property, and threats to sue me if I entered. Well, those threats only served as my excuse to enter the property immediately, since that meant this was an emergency threat against the property. Of course I saved the answering machine messages on a tape in case I needed evidense for court. When I did attempt entry, the tenants threatened physical violence against me. Little did they know that I was carrying a portable cassette recorder under my shirt. That was all I needed to get the police there. They heard the recording and arrested the tenants for the threats.
In the end, tenants have few rights. I am not advocating abusing the rights of good tenants, and I was always courteous to good tenants and respected their rights and their privacy. However, tenants who are being evicted for non-payment or for any other valid reasons really have no rights. They will unlikely sue you, and not one of mine ever did. But, if they do, just be sure to record everything on paper and or tape, save phone messages, etc. Most of the time YOU will be suing them for non-payment or property damages, so the last thing they want to do is to get the police involved.
I suggest you do whatever it takes to enter that property to solve your leak. Follow the law as best you can, and if the tenants threaten violence, call the police when you or your plumber enter.
Mark
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On 16 Oct 2005 16:14:05 -0700, " snipped-for-privacy@wdeans.com"

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Of course if the rent includes the utilities and your name is on the utilities just call the utility company and notify them that you will no longer be paying the bill. They will cut off utilities. I doubt you are required to pay someones utilities for them. Again I suggest lawyer and action before winter cold seasion sets in. Stan
On 16 Oct 2005 16:14:05 -0700, " snipped-for-privacy@wdeans.com"

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On Thu, 20 Oct 2005 22:32:23 -0400, " snipped-for-privacy@nospam.net" <uriah> wrote:

If as you say, the rent includes the utilities, if they are still paying the rent, a landlord is reuired to pay the utilities. Even if they are a few days late, he can't turn off the utilities unles he would also be permitted to evict them on the same day, I would guess. And in many places these days, that's even more true in the winter. (although probably not in Florida or anywhere it is usually warm in the winter.)
The landlord probably has no more right to turn off the utilities than he does to evict them. That is, he can probably do both on the same day.
That doesn't mean he can't turn off the water if there is a leak (and a leak that isn't into the sink and down the drain. Even then he has a right to enter and fix the leaking faucet, but he'd have to give the required notice. It's obviously not an emergency. However a leak anywhere else (not a leaky washer) may well be an emergency. Small leaks are one's warning about big leaks soon to come.)
Again I suggest

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mm wrote:

Greetings,
I talked to the building inspector and he said that I could do work on the outside but he didn't know if I could go in against their will before waiting for the eviction. I go to court tomorrow so I am going to ask the judge in court to allow me in to make repairs.
Thank you all again -- will keep you posted, William
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wrote:

Please do post the results. Missing this would be like missing an episode of "The Sopranos". :)
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Please do post back the results of the thread that won't die. You may want to email a copy to MM as he seems to run about 3 weeks behind.
Colbyt
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