OUr tenants keep postponing the 6 month walk through. Today I told them that according to the contract, the owners have to give 24 hours for inspection of the home, so we will be there tomorrow. They said we legally cannot come through unless they are home and they said, again, they will not be home. Can any give me advice on this.

Check your state law for conditions under which landlord may enter apartment including purpose, including purpose of inspection.

You should also be aware of a legal doctrine called "covenant of quiet enjoyment", whereby tenant is protected from any act by the landlord which interferes with the tenant's right to use and enjoy the premises for the purposes contemplated by the lease. The main purpose contemplated by the lease is the purpose of living with privately in the premises and they have made it clear to you that they do not want you to enter if they are not home. You should take this doctrine seriously. It is seriously enforced everywhere in the English speaking world. I dont know about LA.

You should try to negotiate with the tenants about a mutually satisfactory time to perform the walkthrough. Unless there is some reason that the tenants don't want to cooperate, this is usually possible. This is time for application of your skill as a landlord.

Otherwise, I would not enter against their wishes. Depending on the sophistication of your tenant and how badly they don't want you to enter without their presence, you could be letting yourself in for a lot of trouble, including trespass and invasion of privacy.

I believe every state allows entry by the LL for inspection. You need to check the DE LL/Tenant laws (link above left in blue).

In SC, you give 24 hour notice IN WRITING, then you enter. At least, that's what the law says. Must be during normal business hours.

In practice, I don't go in my tenant's houses without their permission or their presence, UNLESS they have approved it in advance. I've never had a tenant prevent me entering, but I guess it will happen one day.

With a reluctant tenant, I'd post the proper notice with a "call me with any concerns" line. I'd try to work out a time they could be there, but bottom line: if I need to get in, I'm giving reasonable notice and going in.

Thanks wendy, our contract does not spell out if someone needs to be home except for an emergency.

RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time. OWNER shall give 24 hours advance notice and may enter for the purpose inspection or repairs. In case of emergency, owner may enter at any time, whether or not tenant is there.

The tenant said if we come to her door we better come with a check to pay them for the next 6 months that they were planning to be there and they will leave!!! Or they will call the police if we come in!

I just learned I have crazy people in my house. Help?

Why do you want to do a 6 month "walk through"? Why do you want to "inspect" the home? What would you be checking?

I could never see the reasoning for that. To me, that is invasion of privacy. Did the bank holding your mortgage come and do a walk through on your own home? Would you resent that? I certainly would.

I give my tenants the same privacy that I would want if I were a tenant.

A private residence is just that. Private.

However, in multi-families,the fire marshall has the right to inspect the premises for fire safety.

In my lease I have the following Smoke Detector clause:

"....Tenant further agrees to allow Inspection Rights to the Landlord, Landlord’s Agent, or Fire Marshall, to insure Smoke Detectors are kept operable."

Don,

Where abouts is your rental in DE? I am surprised they would go so far as to bluntly say that. have they been paying on time? Why do you want to go through, just to check on the place?

Michigan does not allow inspections for the sake of inspections. As Moshe said, check with your state laws to see if your state allows them. If it DOES allow them -- and your lease wording is very clear -- then just give notice and do it if you really want to do it that badly.

If your state does not allow them -- or your lease wording is not perfect -- or you just don't want to deal with this problem if the tenants aren't really otherwise a problem -- then just don't do it.

That is why people here talk about "furnace filter replacement" "inspections" and such. If you have some other reason, then fine -- but, otherwise, walk carefully here...

- John...

We always find a reason to get into the house at least every 6 months, but preferably 3 times a year. And it has been quite benefical a few times, even with tenants that have been in the house for years. They have moved in relatives, acquired more animals, or has weird stuff in the garage, etc.

The question is whether a lease clause gives the landlord rights to enter when he did not otherwise have them.

The clauses that were mentioned here are in direct contradiction to the covenant of quiet enjoyment, which is also in your lease. You didn't remember reading that? That clause is assumed in all leases.

I don't know a good way to explicate the question of if the lease clause would supersede the covenant. I am sure that it doesn't. The ability to get away with entering while waving the lease clause depends on the legal sophistication of the tenant and how badly he doesn't want you to enter, plus how seriously your local courts take the issue. A determined tenant who gets a lawyer (many lawyers are happy to get such a case; it could mean big bucks, plus a little excitement in a life of traffic tickets, drunk driving and evictions) could make a lot of trouble for you. Proceed with caution.

jess, get yourself a better lawyer.

According to what you say, "The delaware landlord code says a landlord has the RIGHT to enter the premises ... as long as ...".

So the landlord has a right. How is that breaking the landlord tenant code on the tenant's part? What does the law say about tenant's responsibility? That he has a responsibility to let the landlord in? You didn't state anything about it.

The landlord may have a "right" to enter, but the tenant can say NO and the landlord has to go to court and get a court order to exercise that right. The tenants right of quiet enjoyment earns him the right to have a full court hearing so as to avoid violence over a stranger's entry to his home. His home is his castle, and he may even be justified in shooting an intruder.

Where do you people find these lawyers? Beware of following advice of someone who has a piece of paper that says he is a lawyer. It doesn't mean that he is any good at it.

Moshe, Yes, it said that if the tenant unreasonably withholds consent for the landlord to enter into the rental unit, a court of competent jurisdiction may issue an injunction against the tenant.

Landlord Rule #1 "The Landlord is in charge, the Tenant is NOT."

I do a 6 month inspection and maintenance cycle to protect my investment. This helps keep things like a/c units from being destroyed by not changing filters. It allows me to check for water leaks and drain the water heater of calcium.

It also tends to keep people from growing pot in the bedrooms, etc.

That would be my first concern with these people - what are they hiding?

I would one last time give them written notice of your right to entry and that you MUST be able to do regular maintenance on the property.

If they refuse I would give them a 3 or 10 day notice (per your state) to correct or quit and start eviction. If they want to move good riddance.

If your state won't allow this I would sell and go someplace where the govt and tenants don't control your property. (Which is why I invest in AZ rentals and not SoCal).

There is some particular reason they do not want you inside. Either they have trashed the place or they have dope or illegal occupants. Something.

My tenants never have a problem with it. They know going into the rental that we do regular maintenance for their benefit and it's not a problem. My tenants appreciate having clean carpet and having the walls touched up if they have dinged them.

From the DE code:

§ 5509. Tenant obligation to permit reasonable access.

I used to agree about the tenant's right to "privacy" and all that stuff you're talking about.

Now I have a house with $4,700 in damages because I did honor their right to "privacy".

Your lawyer has miking civil issues and criminal issues

If you show up to the rental and the tenant is present, they can refuse you entry, you can not force your way in, try it, and you can have criminal trespassing charges filed against you, the police absent a court order cannot allow you to force your way in

They will clearly tell you its a civil matter, recourse is to evict

jess, it seems that you have answered your own assertion, doesn't it?

"it said that if the tenant unreasonably withholds consent for the landlord to enter into the rental unit, a court of competent jurisdiction may issue an injunction against the tenant."

So, if the tenant withholds consent, then a court can hold a hearing to determine if the withholding of consent was reasonable or not, and issue an injunction against the tenant if it decides to.

Isn't that what I said in the first place? By implication, doesn't it also say that landlord's remedy is to go to court to seek an injunction, and not to self-enter without it. Why didn't your "attorney" explain to you the difference? Did you pay him?

Mary B, somehow I don't think that your $4,700 in damage is due to your honoring the right to privacy. Maybe it is due to your failure to keep on top of a bad situation, but good landlord skills would have helped you to resolve the problems without dishonoring the right to privacy. Insisting that LL is always in charge and tenant not is NOT an example of good landlord skills.

"it may be theri home, but it is your house."

It means the cortisone shot in my wrist isn't completely working.

It is their home, but your house. They live there and have a right to peace and quiet. But you own it and will have to live with the consequences of their decisions long after they are gone. If they paint the entire inside purple, or have your house condemend for having a meth lab, they get to move to their next shack but you get stuck with the clean-up.

Didn't you sell them a leasehold interest in the property?

You have security deposit against damage, don't you?

My point is, that "Telling them you are coming in then wether they are there or not." is a risky process that can be avoided by better landlording skills. What you have to do is to negotiate effectively with them to get YOUR work done WITHIN their requirements. If you have a tenant that just doesn't want to cooperate with the walkthrough requirements, then it takes a little more skill.

Simply putting your foot down and unilaterally imposing yourself won't go well in court, if the matter ever goes there. You won't get sympathy from a judge, because the law is clear. You will get your injunction to enter, if you properly ask for one and there is no good reason why not, but they will get their judgment for violation of privacy if they pursue it properly.

I agree with Mosche. If they don't allow entry then you go to eviction mode based upon breech of contract. (You do have an entry clause right?)

By NOT checking out my then nicest SFH, unauthorized dogs and them doing both numbers indoors was not discovered. Along with every door being kicked in and countless holes in the walls. The urine rotted some wood away - and the carpet had been new when they moved in.

"I agree with Mosche. If they don't allow entry then you go to eviction mode based upon breech of contract."

I didn't say that, LL.

So many posts refer to their concern about protecting their investment, but without saying what do do. Many say, I'm the boss, I'm going in!

What I tried to point out, is first that there are serious reasons for not pretending to be a tough guy and doing what you please, but second, that the real business of a good landlord is to be able to get things done without risking lawsuits or going to court.

The best solution is a good relationship between landlord and tenant, so as to be able to persuade a recalcitrant tenant to cooperate. A lease clause can help to orient the tenant's mindset to cooperate, but is generally worthless in court against an accusation of invasion of privacy.

I think different states have different rules. Since I have never had a tenant refuse entry - we are on friendly terms with all of our tenants these days and do what we can to keep it that way - we have never had to test the waters about coming in. We generally don't bother ours except for repairs, but reserve the right - and NC laws give us the right - to inspect the house to see if they are following the terms of the lease.

I don't know about CA - I think CA is probably not as landlord-friendly as NC.

I tell them at lease signing, It's your home but my house and I need to make sure my house is being well cared for. I would tell them, here's your 48 hours PER LAW and I will be entering. You can be there or not.

As someone else said, I go personally and change smoke detector batteries, etc. IMO, they are playing chicken and waiting to see who caves first. If you give in to this, then they need to go as soon as their lease is up.

In general, I agree with Moshe. You should be very professional in this situation. Explain that you want to enter to swap out filters or something similar.

Keep in mind, if they refuse, you do have options--just not the option to enter without permission. Personally, I would avoid renting to anyone who gives any sign of the LL/T relationship as a confrontational one.

What is your specific reason for wanting to enter? Do you suspect the place is trashed? This would play into our advice on whether its worth going to court to seek an injunction.

If I were you'd I'd make a strategic decision about where this tenancy is going. If you go to court to get the injunction, it may make the situation worse. Possibly far worse.

Just one other thing to try: provide them several dates/times you are willing to enter the property. At least that way if it goes to court you can show the judge you were trying to be flexible. Personally I don't think it's odd at all that you want to check on the place - I do the same about 3x/year.

Someone here told me to always call it a "maintenance visit". I spell out in the rental agreement what the monthly maintenance visit involves (furnace filter/leak check of plumbing/fire extinguishers/smoke detectors; and also the six-month (interior ceiling or window leaks, shut off/open up outside faucets, check toilets for running water, etc...)

Virden, you SELL a leasehold INTEREST.

That interest allows the tenant to have possession for a time while paying rent.

Any tenant that REFUSES to let you in has a problem.

Now, I'm a big privacy fan and I do not violate my tenant's privacy. However, I DO go in twice a year, minimum, whether or not they are home, and with notice with the HVAC guy. I'm not sending him alone, and we are not waiting around to meet some tenant's schedule. There is NO requirement that the tenant be present. He may or may not be present; I don't care.