Can Tenants Dictate When I Need To Enter My Rental?

When a landlord needs to “enter my rental” to fix or prevent a maintenance problem how much notice is required for tenants is this week’s question. On his page,  Ask Landlord Hank answers questions from other landlords and property managers around the country about their rentals so fill out the form below if you have a question for him. Remember Hank is not an attorney and is not offering legal advice.

Ask Landlord Hank:

My tenants won’t put Bio Rooter in his sinks monthly to keep them flowing. So I volunteered to do it once a month on the same day. I’ve given them a week’s notice.

They want to be there. I’m making it convenient for myself and for them with the one-week notice and a time easy for me to drive (2 p.m.). They want to change the day and time. If not the day, then the time.

Can they do this? I am always respectful of their apartment and have been there many times before without them. Can they dictate the day? Time when I enter my rental?

-Jennifer

Dear Landlady Jennifer,

This situation all boils down to your lease.

In most leases, there is a “right-of-entry” clause that basically states that with reasonable notice you have the right of entry for any reason. The tenants don’t dictate the timing – you are the boss, so you decide when you are coming.

You have an immediate right of entry in cases of emergency to protect the premises (fire, flood, etc.). If the tenants agreed in writing to use Bio Rooter on a monthly basis, and they don’t do it and a clog develops, then the repair costs would be the tenant’s responsibility.

These tenants are adults and they should be expected to be responsible and do what they’ve agreed to in the lease or bear the consequences.

Sincerely,

Hank Rossi

About the author Landlord Hank:

“I started in real estate as a child watching my father take care of our family rentals- maintenance, tenant relations, etc , in small town Ohio. As I grew, I was occasionally Dad’s assistant. In the mid-90s I decided to get into the rental business on my own, as a sideline. In 2001, I retired from my profession and only managed my own investments, for the next 10 years. Six years ago, my sister, working as a rental agent/property manager in Sarasota, Florida convinced me to try the Florida lifestyle. I gave it a try and never looked back. A few years ago we started our own real estate brokerage. We focus on property management and leasing. I continue to manage my real estate portfolio here in Florida and Atlanta. “ Visit Hank’s website here.

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