Maintenance issues are a major headache for landlords, particularly while renters are away. Learn how to handle challenging circumstances calmly here.
What you will discover:
Is it permissible for me to enter while the renters are gone if I have grounds to think there is an emergency?
Can a renter sue me for invasion of privacy if I enter without permission due to a false alarm?
What are the recommended procedures for accessing a tenant’s apartment in the event of an emergency?
Is there any particular wording in the Lease Agreement that I may utilize to manage situations while the renters are away?
What if I attend to an emergency while the renter is away and discover they are in breach of their lease?
Did your renter turn on the stove before leaving for the weekend? Is a leaking pipe gradually filling the crawl space? During a winter storm, did a tree fall and smash through a window? While your renters are gone for the holidays, a variety of situations may arise. Here’s what you may do if you suspect anything is wrong but can not contact your renters.
Table of Contents
Is it permissible for me to enter while the renters are gone if I have grounds to think there is an emergency?
In an emergency, landlords typically have the authority to enter a rental apartment with little to no warning. An emergency is often a situation that, if not addressed immediately, might cause harm to the property. A classic example is a frozen pipe caused by renters turning down the heat before departing for their winter vacation. If a leak is reported by a downstairs neighbor or the landlord discovers flooding in another manner, the landlord may usually go in and cut off the water, dry damaged areas, and fix the pipes.
Remember that a landlord’s authority to enter a tenant’s residence is regulated by the state and municipal laws applicable to the property. It is critical that you understand the regulations and legislation that relate to your rental property, as well as what you need to put in your Lease Agreement and what constitutes an emergency.
Can a renter sue me for invasion of privacy if I enter without permission due to a false alarm?
If you enter without a Landlord’s Notice to Enter, a tenant may claim you invaded their privacy. Depending on the regulations in your location, they may have grounds to launch a civil case or terminate their lease. This is particularly true if it occurs repeatedly.
Even if you have a legitimate basis to enter and the tenant’s claim is denied, you may be required to pay legal fees to defend yourself. Other implications might include a renter leaving a negative review or failing to renew their lease.
What are the recommended procedures for accessing a tenant’s apartment in the event of an emergency?
Even in an emergency, it is best to give the renters as much warning as possible. This may include phoning and messaging all renters to explain the situation and inform them that you are on your way to take care of it. When you arrive, it is generally advisable to knock and wait for someone to respond. Many property management firms also instruct their maintenance staff to make a loud announcement when they open the door in case someone is asleep inside.
It is a good idea to capture images if you can plainly see an emergency, such as burning from a string of defective Christmas lights or water on the floor. It may be beneficial to save the photographs for your records and to share them with your renters. You may also notify your renters in writing about the situation and what you did to resolve it. For example, you may have been conducting yard work and observed a space heater turned on while knowing the renters were out of town, so you entered to switch it off and avoid a fire danger.
Most renters are aware of crises and appreciate your efforts to keep them informed. If someone complains, having a written record of what transpired may protect you.
Is there any particular wording in the Lease Agreement that I may utilize to manage situations while the renters are away?
Most agreements specify when the landlord has permission to access the rented unit. Normally, the following items are included:
The landlord may enter for certain purposes, such as repairs and upkeep.
How much advance notice the landlord must provide before doing routine maintenance and inspections.
If the landlord offers reasonable notice to enter for a legitimate purpose, the tenant must allow the landlord in.
If no one is home, the landlord may enter with a key to deal with an emergency or planned maintenance.
If the property is in urgent risk of being harmed, no notice is required.
Renters insurance is required in the event that a tenant starts a fire, creates a flood, or destroys personal property.
If your Lease Agreement does not include clauses like these, you may wish to ask your renter to sign a Lease Amendment that includes more precise wording. You might say that you are attempting to convey how you would assist in issue solving in an emergency.
While it is advisable to include this information in your contract, you may not need it since the landlord normally has the authority to enter during an emergency. However, if your renter refuses to sign a Lease Amendment or has indicated worries about someone entering without notice or permission, keep in mind that they may object if you enter in an emergency. Regardless, it is always a good idea to meticulously record any repairs, emergencies, and talks with your renter so that you may demonstrate that you entered for a legitimate cause.
What if I attend to an emergency while the renter is away and discover they are in breach of their lease?
If you enter to deal with an emergency and uncover a lease violation, you may be able to submit an Eviction Notice demanding that the problem be fixed or the tenant remove the property. Your renters, on the other hand, are likely to allege that you entered unlawfully, particularly if you intend to evict them. If the infraction is minor, you may choose to submit a Breach of Contract Notice instead of an Eviction Notice.
Documenting the emergency incident becomes even more critical in these cases. Make a note of the following information and put it someplace safe:
The reason you came in, such as if a neighbor complained or you discovered an issue.
Describe in detail what you or your neighbor saw and heard, including images or video if available.
Any obvious damage, as well as the fixes.
Another critical step is to immediately follow up by providing your renter a written notification informing them that you entered for an emergency, why, and what you did to resolve it.
Depending on the guidelines the renter has violated, you may want to take a milder approach so that the tenant does not get angry or fear being evicted for a small lease violation. For example, you may make it clear that you only want them to fulfill the Lease Agreement and that you do not intend to penalize or evict them as long as they remedy the issue.
