As a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or to show it to prospective tenants or buyers, as long as you follow the applicable laws and lease agreements. Give your tenants advance notice when entering the property, respect their privacy, and be clear about your goals. You can maintain a smooth relationship with your tenants and meet your obligations as a landlord by adhering to these guidelines.
It is important to keep in mind that you could face trespassing charges even if you own the property in certain instances. Examples of these situations include:
- Lease Agreement Violations: If you break those terms for access to the property in your lease agreement with the renter, you could be subject to trespassing charges. When you enter the property without proper notice or a valid reason spelled out in the lease, for example, the tenant may see it as a breach of contract.
- Tenant’s Rights Violations: Tenants have the right to peaceful enjoyment of their rental property, which means they have the right to privacy and exclusive use of the property during the lease term. Legal issues, including trespassing charges, could arise if you enter the property without notice, interfere excessively with the tenant’s right to peace, or harass the tenant.
- Lockouts and Unlawful Eviction: If you try to physically kick out a tenant without following the proper legal eviction procedures, you could be charged with trespassing. Without a court order, it is typically illegal to lock a tenant out of their rental unit.
- Criminal Intent: Like anyone else who isn’t supposed to be there, you can be charged with trespassing if you enter the property to steal, damage, or do something illegal.
- Local Laws and Regulations: Different jurisdictions may have different laws governing landlord-tenant relationships and property access. Local regulations may impose specific requirements on landlords, and if they are not followed, trespassing charges may be brought.
Avoid Potential Trespassing Charges
Respecting your tenant’s rights and always adhering to the lease agreement terms are essential. You should also become familiar with the laws and regulations governing landlord-tenant relationships in your area. Additionally, to avoid disputes and legal issues, providing proper notice to tenants before entering the property for legitimate reasons, such as maintenance or inspections, is essential.
Ultimately, you should respect your renter’s possessory rights. It may be your house, but they live there. You are not permitted to enter the property without notice or good reason if you are the property owners. A proper notification of upcoming entry must be submitted by you. Depending on your state’s laws, illegal entry can carry a fine of up to several hundred dollars or even jail time.
It’s best to speak with a real estate and landlord-tenant law expert if you have any questions or concerns about your rights and responsibilities as a landlord.
For routine maintenance, repairs, and property evaluations, Real Property Management Heritage uses proper notice and communication with its tenants. We also keep you up to date on every aspect of your rental property. Everything is quick and easy, and property law is followed to the letter. You can contact us or call us at 832-701-0766 to find out more about how we can make your life easier in Garden Oaks or the nearby area.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
