This is a question often asked by owner is access to the property, either for visual inspection, or for contractors, appraisers or other professionals. So, When can a landlord enter the residence? To be irreverent, simply give them a call and ask if you can come over tomorrow.
With that said, we will now address what happens when they either do not answer or are non-committal.
An excerpt:
Unbeknownst to a residential landlord, a tenant changes the locks on the door to the rented unit. Several months later, the tenant is arrested by law enforcement officers as they step out of their apartment. The tenant is hastily escorted away, leaving lights on and their pet inside, but locking the door. The landlord becomes aware of the tenant’s dilemma. Fearful the gas stove was also left on, the landlord attempts, but is unable to enter with their key. The landlord calls the police to witness their entry and inspection of the apartment to make sure it is in a safe and secure condition. The landlord then enters the apartment through a window. The police are let in to observe the landlord’s conduct. The police proceed to make a visual inspection of the apartment. Unfortunately for the tenant, the police find illegal possessions in plain view casually lying around the kitchen and dining area of the apartment. Did the landlord have the right to enter the apartment? Did the landlord have the right to allow the police to enter the apartment? Yes to both! The landlord had the right to enter since they reasonably believed the safety of their other tenants and the building could be in jeopardy. Also, the police were present at the request of the landlord to act as eyewitnesses so the tenant could not claim the landlord removed any of the tenant’s possessions. In contrast, consider the landlord who permits the police to enter and search a tenant’s garage without a warrant. The police have reason to believe the tenant is manufacturing drugs, an illegal use of the premises and of concern to the landlord. May a landlord collaborate with the police at their request and allow them to enter a tenant’s garage? No! The landlord has no right of possession when the tenant’s right of possession has not expired or been terminated. This is true even if the tenant has vacated and only one day remains under a 30-day notice to vacate.
(page 29 and 30 of Real Estate Property Management, Fifth Edition, published by First Tuesday)
The concept here is known as "possessory right" meaning that though the owner "owns" the property, they do not have possession of it, with emphasis, THE LANDLORD HAS SEVERELY LIMITED THEIR RIGHT TO THE PROPERTY (to the point of having essentially none) IN EXCHANGE FOR RENT. They cannot regain 'possession' until the 'termination of tenancy', which may be a notice to vacate from tenant, from landlord, or may require an eviction order at some point.
The manual goes on to describe:
A residential landlord may enter the tenant’s actual dwelling space during the term of the rental or lease agreement only in limited circumstances:
• in an emergency; • to make repairs, alterations, improvements, or supply services that are either necessary or previously approved by the tenant; • to complete a pre-expiration inspection for deficiencies which would result in a deduction from the security deposit; • to show the unit to prospective buyers, prospective tenants, lenders, repairmen or contractors; • when the tenant has vacated the premises and their right to occupy has been terminated by surrender or abandonment; or • under a court order allowing entry.
So, once we have determined that we have a lawful reason to enter, the actual service of the notice must be with 24-hour notice, which is considered 'reasonable', the technical way to do this is either:
• handing a written notice to the tenant personally; • handing the notice to an occupant of the unit who appears of suitable age and discretion to relay the notice to the tenant; or • posting the notice on, near or under the usual entry door so it will be discovered by the tenant.
This technically does not include email, text or voicemail, these are accommodations. The formal form is below:
Property management is very much relationship-oriented, just like the court system, it should be thought of as a last option, or at the backdrop of a conversation between people. Many landlords consider legal options as their first option, or as something to straddle the line of legality. Most of the time and (unprofitable) effort is spent straddling this line (to make sure it is not crossed) that would be better served having a conversation, and to treat people, like people.
Happy Landlording.
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