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Can Garden Oaks Property Owners Be Charged with Trespassing on Their Own Rental Property?

Woman Inviting Her Landlord Inside the HouseAs the property owner, you’ll be responsible for maintenance on your property. When you have tenants in your investment property, but despite that, you have to make sure that your tenants are given advanced notice before anyone arrives at the property. Your property changes into the renter’s home once you turn over the keys. In short, just because you possess a rental property in Garden Oaks doesn’t indicate you can invade on the lives of your tenants devoid of proper notification. Despite if you absolutely plan to switch a furnace filter, whatever unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law, so renew on the legality of your entry as a landlord. Outline the terms for notice to be given before entry in the lease so you don’t violate your renter’s privacy. As an illustration, twenty-four hours is the usual typical notice requirement for someone other than the tenant or their friends to get in the property, provided the resident is home or not. Some locales even restrict entry to times of the day and days of the week, to ensure that you fathom and follow the laws in your area in this respect. It may look like a tiny ritual, but remember the other option, it’s all worth the delay.

Challenges to this may involve emergency repairs or safety issues, like faulty wiring that poses a fire hazard, burst pipes leaking into another unit, or broken windows and doors that could upset an acceptable temperature or generate illicit scheme. As the owner, you must ensure that the residence is “habitable,” so your legal obligation may trump the obligation to notify residents of entry. In actuality, not able to regulate emergency repairs on the duration stated by your state law could constitute neglect.

You and your tenants must also hold your property in agreement to the local building or housing codes. If a dearth of maintenance or a renter’s extended absence is affecting heat or ventilation, or broken fixtures are preventing the adequate provision of water or electricity, then as the owner, you could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, look for legal counsel as to whether you require a reasonable right to enter the premises to facilitate improvements.

There’s also another exception to criminal trespassing, which is implied permission. This would involve supposing your renter requested repairs or maintenance, which would show that they anticipated and sanctioned to your entry of the premises. Unless it is explicitly stated in the lease that notice should be provided for all repairs, you may be covered from a liability standpoint. Keep documentation of all maintenance requests to avoid the risk of a lawsuit.

In the end, you ought to respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not permit you the authorization to drop by without notice. You must submit proper notification of future entry. Illegal entry can result in fines up to several hundred dollars, or even jail time depending on your state.

Real Property Management Heritage not only contributes proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also let you enlightened considering all features of your rental property. For more findings on how we can make your life easier, contact us or call us at 832-708-8157.

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.