 Emergency Entery?? (by kkezir [KS]) Dec 6, 2010 1:23 PM
 Emergency Entery?? (by RR [WA]) Dec 6, 2010 1:27 PM
Emergency Entery?? (by Reid [KS]) Dec 6, 2010 1:46 PM
Emergency Entery?? (by Clara [MI]) Dec 6, 2010 2:39 PM
Emergency Entery?? (by tyler [NC]) Dec 6, 2010 3:30 PM
Emergency Entery?? (by Virden [OH]) Dec 6, 2010 3:45 PM
Emergency Entery?? (by Chris [CA]) Dec 6, 2010 5:02 PM
Emergency Entery?? (by NotNIce [MA]) Dec 6, 2010 5:16 PM
Emergency Entery?? (by kkezir [KS]) Posted on: Dec 6, 2010 1:23 PM
Message:
I have never used the emergency entry clause in our rental agreement until last night.
Please let me know if you think we did wrong.
I texted our tenant to ask about rent on 12/5. They respond with they were broken into and will be moving out on the 6th. I respond with that they still need to pay Dec rent and I can consider this their 30 day notice to move out. They say they don't owe us rent because they are going to be out on 12/6. There is no point in auguring so I set up a move out time to collect keys and they agree to 12/7 at 6p. Which I don't think they will show up to.
This was all going down at 10pm. So I asked my husband to drive by and take a look at it. He gets over there and the kitchen window is WIDE open with the screen intact. It was supposed to get in the teens. So I send my husband back over there with the key and he knocks and goes in to shut the window, check the thermostat and check the furnace so that pipes won't freeze.
Well surprise surprise the place is a sty (dead rats, dog crap, trash every where) Looks like they already moved out anything of value.
I call gas company this morning (12/6). Of course the gas was shut off for non-payment last May. So I had gas turned back on this morning and again entered so KGS could do their job of turning on the gas.
Tenants had today off to finish moving and cleaning (hard to do when water is shut off). We haven't seen any activity over there today.
So did we do wrong to enter a house to shut windows that had the possibility of freezing water pipes? What should we do next? Enter and change the locks at the schedule move out??
Thanks --165.201.xxx.xxx |
Emergency Entery?? (by RR [WA]) Posted on: Dec 6, 2010 1:27 PM
Message:
you had a valid reason to enter, you must ensure that the property is secured.
I would post notice of abandonment, and if no phone call in 2 days I would change the locks. They are gone.
--76.22.xxx.xx |
Emergency Entery?? (by Reid [KS]) Posted on: Dec 6, 2010 1:46 PM
Message:
Well being in Kansas Myself . I'd say you did just what you should have done --99.117.xxx.xxx |
Emergency Entery?? (by Clara [MI]) Posted on: Dec 6, 2010 2:39 PM
Message:
I agree.
You did what you had to do to protect your property. --99.18.xx.xxx |
Emergency Entery?? (by tyler [NC]) Posted on: Dec 6, 2010 3:30 PM
Message:
you had a right to secure the premises from (any) damage...., not to mention it was abandoned....
I doubt they show up.... At a minimum, I would be re-keying it while you wait for your meeting with them... if they don't show I would consider it abandoned -locally that would entail a 'no trespass' sign with our phone #.... believe me if they want to claim its not abandoned they'll call -but never seem to do it.... --98.24.xxx.xx |
Emergency Entery?? (by Virden [OH]) Posted on: Dec 6, 2010 3:45 PM
Message:
I must ask when was the last time you did a routine inspection of this place, it seems they took control and ran all the way to let's trash the place, by the way if you do not have a police report make one now for property destruction naming your old tenants and if they had renters insurance file a claim with them for these damages - that will wake a sleeping fool. --65.43.xxx.x |
Emergency Entery?? (by Chris [CA]) Posted on: Dec 6, 2010 5:02 PM
Message:
You had to act and did the right thing! There won't be a call or show. Document the mess, then evict as if you believe they are still in there. And they are IMHO until they return the keys. It's not your job to read their minds and pster them. Like a car rental business adding days until the car gets returned, you are running a business and you are not their nanny. And that judgment will help collect. And it will warn future LLs who screen. --125.27.xx.xxx |
Emergency Entery?? (by NotNIce [MA]) Posted on: Dec 6, 2010 5:16 PM
Message:
Yes, emergency entry was ok check your lease template for emergency entry wording: e.g.. "If windows are left open, water is running, or in case of emergency, Lessor may enter to correct without notice." --66.19.xxx.xxx |
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