Notice to Enter (by James [NC]) Oct 10, 2017 7:53 AM|
Notice to Enter (by Laura [VA]) Oct 10, 2017 8:01 AM
Notice to Enter (by LindaJ [NY]) Oct 10, 2017 8:01 AM
Notice to Enter (by James [NC]) Oct 10, 2017 8:29 AM
Notice to Enter (by Barb [MO]) Oct 10, 2017 9:04 AM
Notice to Enter (by WMH [NC]) Oct 10, 2017 9:04 AM
Notice to Enter (by AllyM [NJ]) Oct 10, 2017 10:13 AM
Notice to Enter (by BRAD 20,000 [IN]) Oct 10, 2017 1:32 PM
Notice to Enter (by LindaJ [NY]) Oct 10, 2017 4:22 PM
Notice to Enter (by James [NC]) Posted on: Oct 10, 2017 7:53 AM
After a recent storm, the roof at one of the SFH is not looking so good. No leaks, but definitely some damaged shingles. Due to many people being impacted by the storm, the insurance adjuster is a bit far out in his scheduling (about 2.5 weeks out). He was about to fit me in, about 9 days out, if I can make 8:30am work.
Tenant and I are on good terms, but he works a lot and is not responsive to email at all (unless he directly wants something of course).
Landlord tenant law in my area says:
(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(b) A landlord or his agent may enter the dwelling unit without consent of the tenant:
(1) At any time in case of emergency-prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency;
(2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or
(3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.
I am trying to figure out if I need the tenants consent for an 8:30am visit from the contractor and adjuster. If it is considered an emergency, the answer would be no. If it was requested by the tenant, it would also be no, since that cut off is 8am. If it was regularly scheduled service, I would need consent, as it is before 9am. What does this fall under? There are no active leaks at this time, so no one will be entering the house, only climbing on roof. Does any of the above even apply, as they will not be entering the living space? I have always treated both the inside and outside of a SFH the same when providing notice to tenants, but maybe that should not be the case?
Notice to Enter (by Laura [VA]) Posted on: Oct 10, 2017 8:01 AM
Unless this is a giant PItA tenant, I'd just notify the tenants now of the date and time, ask for a confirmation that they saw the notice (don't ask, tell), and go on in. --67.172.xxx.xxx
Notice to Enter (by LindaJ [NY]) Posted on: Oct 10, 2017 8:01 AM
Since you won't even be entering the dwelling, I don't think you NEED to give notice. I would certainly try to, I would knock on the door when there, just to let them know you will be on roof. But you have 9 days until he is there, so just leave a notice of the fact that you will be on the roof at that time and my have to enter. Not a question if it is OK, just a text, or email AND tack a notice to the door that you will be there. You don't need his OK, you just need to notify him. --96.236.xx.xx
Notice to Enter (by James [NC]) Posted on: Oct 10, 2017 8:29 AM
Thank you both for the replies!
If I was during the timeframes listed by law, I would agree that I do not need any sort of ok from tenant, just need to give notice. Doesn't the fact that the time is outside of the pre-set time frames make it so that I do need an ok and cant just give notice? IE, if I wanted to do quarterly hvac filter change at 6AM, I could not just tell tenant that I would be there then. I would need to get consent, as I am outside of the pre-approved times (by law). If I however wanted to do quarterly hvac filter change at 10am, I would simply tell the tenant (with 24 hour notice) and whether or not he wanted it at that day and time, I am fine to do so ( I would of course accommodate a different time if a tenant had a legitimate reason for me to do so).
I am still stuck trying to answer the following 2 questions:
1) Which section of the above listed tenant law does this scenario fit under? My gut tells me it is scenario 2.
2) What is defined as "the dwelling unit" of the SFH? Is it the interior of the space or everything both interior and exterior? If it is only interior, maybe none of these scenarios apply.
PS, I am trying to avoid being in a scenario where I sent an email saying, "We will be there at 8:30am" and then get no response to my email. That is normally what happens to my quarterly maintenance check emails (they rarely get a reply). If he would just respond and say no problem, it would be fine.
Thank you! --192.175.xxx.xx
Notice to Enter (by Barb [MO]) Posted on: Oct 10, 2017 9:04 AM
8:30 am should be no issue.
I'd email the tenant, plus swing by and post a notice on the door, taking a photo with the day's paper.
Simply state that you will be there with contractor and insurance adjuster to inspect the roof, and may need to access the interior to verify what is found on the roof.
Then do it. --131.151.xx.xx
Notice to Enter (by WMH [NC]) Posted on: Oct 10, 2017 9:04 AM
Text your tenant! No one answers their phone these days and email is unreliable as well. If you send an email you also have to text them to CHECK their email LOL! --173.22.xx.xx
Notice to Enter (by AllyM [NJ]) Posted on: Oct 10, 2017 10:13 AM
Big note on front door soon should be the best bet. --73.33.xxx.xxx
Notice to Enter (by BRAD 20,000 [IN]) Posted on: Oct 10, 2017 1:32 PM
Text. It's how it's done in 2017. Email is OUT.
Ask for a reply "Joe, We'll be checking the roof and need to look inside for leaks this WED at 8:30. Please reply with an OK."
If no response call AND post it on the door.
The wording of the LL/T law could easily be misunderstood. Make certain you understand it (in section 2) still requires
"the landlord announces his intent to enter to perform services".
Q2 Dwelling is probably defined at the beginning of this set of laws. In a practical sesne we consider the exterior "public" and will check roofs, etc without special notices.
BUT no matter what the law or lease says, your resident will appreciate the courtesy of notice.
Notice to Enter (by LindaJ [NY]) Posted on: Oct 10, 2017 4:22 PM
A. "enter INTO the dwelling unit" b. "enter the dwelling unit" both imply that the dwelling unit is considered the inside of the house. Just as there is no issue with people coming to your front door, or on your front porch. So "into" means the inside. Now of course climbing on the roof and looking into the windows is probably against other laws.
There is nothing here that says you have to give xx hours notice either. So it sounds like you really can knock on the door, or ring the bell to announce you are there to perform the services. Seems like it is worded to keep the LL from just walking in.
Now you say you have a good relationship with this tenant, I wonder why you are concerned with the letter of the law, unless you are worried you will be arrested or brought to court. Of course if you get along, will he even have an issue that he would look up this law? Plenty of laws that nobody cares about.
If it were me, I would just send a text now that you are going to be there, wait a day and send another text asking if he got it, if still nothing post the door. Since it is a few days off, text the day or two before as a reminder, and ring the bell on the morning of. --96.236.xx.xx