As a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or showings to prospective tenants or buyers, provided that you follow the applicable laws and lease agreements. Give your tenants advance notice, respect their privacy, and be open and honest with them about your intentions when entering the property. You can maintain a smooth relationship with your tenants and meet your obligations as a landlord by complying to these rules and regulations.
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: If your lease agreement with the renter contains terms for access to the property and you break those terms, you might face trespassing charges. For example, if you enter the property without proper notice or a valid reason outlined in the lease, the tenant may consider it a breach of contract.
- Tenant’s Rights Violations: Tenants have the right to quiet enjoyment of their rental property, which means they have the right to privacy and the exclusive use of the premises during the lease term. If you enter the property without notice, excessively disrupt the tenant’s peaceful enjoyment, or harass the tenant, it could lead to legal issues, including trespassing charges.
- Lockouts and Unlawful Eviction: Attempting to physically remove a tenant from the property without following the proper legal eviction procedures can lead to trespassing charges. Locking a tenant out of their rental unit without a court order is typically illegal.
- Criminal Intent: If you enter the property to steal, damage, or participate in any unlawful conduct, you can be charged with trespassing just like any other unauthorized person.
- Local Laws and Regulations: Laws regarding landlord-tenant relationships and property access can vary from one jurisdiction to another. Local regulations may impose specific requirements on landlords, and failure to adhere to these regulations could result in trespassing charges.
Avoid Potential Trespassing Charges
Respect your tenant’s rights and always adhere to the lease agreement terms by learning and abiding by the local laws and regulations governing landlord-tenant relationships. Providing proper notice to tenants prior to entering the property for legitimate purposes, such as maintenance or inspections, is also essential to avoid disputes and legal issues.
Ultimately, you should respect your renter’s possessory rights. While you may be the legal owner of the property, they continue to have rights to the home. Simply having property ownership does not give you the right to enter the property without notice or good reason. There needs to be proper notification of upcoming entry. If you enter the country illegally, you could face hundreds of dollars in fines and even jail time, depending on the state you’re in.
If you have any questions or concerns about your legal rights and responsibilities as a landlord, you should consult with an attorney who specializes in real estate and landlord-tenant law.
Real Property Management Bella uses proper notice and communication with its tenants for routine maintenance, repairs, and rental property evaluations. The status of your rental property is updated for you as well. The process is quick and easy, and all property laws are adhered to. If you live in Moreno Valley or the surrounding area, feel free to contact us online or give us a call at 951-916-4329 to learn more about how we can make your life easier.
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.
