I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?
What in the world are you doing asking here? You don't even say which state
you are in.
Go to the local authorities, get the information, and do it by the book.
I live in Nevada. What you are doing makes as much sense as me asking what
the weather is going to be like tomorrow. From someone in Vermont!
Would be interesting to check electric utility bills and let the PD know
if there is unusual usage since they moved in :o)
Do you have a lease? What does it say about access? Jeesh - definitely
a situation for an attorney.
My thoughts exactly. A worse scenario will be a meth lab. Then your
house becomes condemned as uninhabitable. Why would any tenant be
that "private?" Any concerns about privacy would have been resolved
by their being present when you inspect.
By all means contact a lawyer and have cops cary out order. Around
here breaking down a door or forcing entry will get you shot and under
our law the shooter will walk.
On 16 Oct 2005 16:14:05 -0700, " email@example.com"
There's no need to get a lawyer involved for a landlord to gain access to their
property to make repairs.
If he's the landlord, he has every right to have a key to the place. Forced
shouldn't be required.
As others have said, check the rental/lease agreement and the local
It's not unreasonable for a landlord to gain access to their property to make
especially if those repairs are to protect the integrity of the building.
He may have a right to a key, but he doesn't have a key. Let him
stick his right in the keyhole and open the door.
Shouldn't be is not the same as "is".
You're right. It's not unreasonable.
BTW, after the super of my building left and the next super only
lasted two days, I changed my locks or something and never gave a key
to the super or the landlord again. Ten more years.
I didn't know the new super, the landlord didn't know him well, and
there was no reason I should trust him. I had three roommates and
someone was usually home. But even if I were alone, I wouldn't have
given them a key anymore. If they really needed to get in, they could
drill the lock, but they never needed to.
Hmm. I don't remember the details, but I have a vague recollection of
going to the first super, whom I liked (but that doesn't mean he was
honest) or the second super the night before he left and asking for my
key back. He gave it to me.
In the next 10 years no one from the landlord ever asked for a key.
(When roommates left on bad terms (once or twice out of about 10 or 12
roommates I had) I changed the locks also.)
Remove NOPSAM to email me. Please let
me know if you have posted also.
First, I find it hard to believe you are not allowed to shut off the water
when it is leaking severely and possibly causing damage to the building.
Second, I never said to shut off the water. I just said to send them a
letter that states that you will.Two different deals completely!
"First, I find it hard to believe you are not allowed to shut off the
when it is leaking severely and possibly causing damage to the
Of course it's hard to believe, because it's not true. You can't shut
off utilities to force people to move, but you most certainly can shut
them off if there is a legitimate emergency. And you most certainly
can when there is a serious leak that you're trying to fix, but the
tenent refuses you access to do it.
It works something like this.
YOU go by YOUR property. YOU notice a leak in the pipes. YOU attempt to
rectify situation, but are barred by the tenant from doing so. YOU turn off
the water because the tenant has denied YOU access to YOUR premises.
Now ball is in tenant's court. They must go to authorities and make
complaint that the property is uninhabitable. YOU have proof that YOU
attempted to make repairs, but were barred illegally from YOUR own property.
It's your property, man. Start acting like it.
In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.
Hope this helps,
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