As a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or to show the property to prospective tenants or buyers, as long as you follow the applicable laws and lease agreements. When entering the property, give your tenants advance notice, respect their privacy, and be open about your intentions. You can maintain a smooth relationship with your tenants and fulfill your obligations as a landlord by adhering to these guidelines.
It is critical to remember that even if you own the property, you may face trespassing charges in certain instances. Examples of these situations include:
- Lease Agreement Violations: You may face trespassing charges if your lease agreement with the renter contains terms for access to the property and you break those terms. For example, if you enter the property without proper notice or for a legitimate reason specified in the lease, the tenant may consider it a breach of contract.
- Tenant’s Rights Violations: Tenants have the right to enjoy their rental property in peace and quiet, which means they have the right to privacy and exclusive use of the premises during the lease term. It could result in legal issues, including trespassing charges, if you enter the property without notice, disrupt the tenant’s peaceful enjoyment, or harass the tenant.
- Lockouts and Unlawful Eviction: Attempting to physically evict a tenant without following proper legal eviction procedures can result in trespassing charges. It is usually illegal to lock a tenant out of their rental unit without a court order.
- Criminal Intent: If you enter the property with the intent to steal, damage, or engage in any illegal activity, you can be charged with trespassing just like any other unauthorized person.
- Local Laws and Regulations: The laws governing landlord-tenant relationships and property access differ from one jurisdiction to the next. Local regulations may impose specific requirements on landlords, and failure to comply may result in trespassing charges.
Avoid Potential Trespassing Charges
It is essential to become acquainted with the laws and regulations governing landlord-tenant relationships in your area, to respect your tenant’s rights, and to always adhere to the lease agreement terms. Furthermore, providing proper notice to tenants before entering the property for legitimate reasons such as maintenance or inspections is critical to avoid disputes and legal issues.
Ultimately, you should respect your renter’s possessory rights. It’s your house, but it’s also their home. You are not permitted to enter without notice or good reason under your property ownership. A proper notification of future entry must be submitted. Depending on your state, illegal entry can result in fines of several hundred dollars or even jail time.
If you have any questions or concerns about your rights and responsibilities as a landlord, you should consult with a real estate and landlord-tenant law specialist.
Real Property Management Dominion gives our tenants proper notice and communication for routine maintenance, repairs, and property evaluations; we also keep you informed about all aspects of your rental property. Everything is done quickly and efficiently, with strict adherence to property law. Contact us or call 757-395-4274 for more information on how we can help you in Hampton or the surrounding area.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
