My tenant will not respond to a notice to enter?
Question by fersynxo:
Los Angeles Cty. My tenant informed me he was moving on May10th. He has not lived in the house for 2 months & will not respond to my many emails & tele calls requesting a notice to enter. House is locked up, all windows are covered & I do not know if there are any of his belongings in the house. The question is, may I get a locksmith & enter on May 11, or will I be the one in violation??
Los Angeles Cty. My tenant informed me he was moving on May10th. He has not lived in the house for 2 months & will not respond to my many emails & tele calls requesting a notice to enter. House is locked up, all windows are covered & I do not know if there are any of his belongings in the house. The question is, may I get a locksmith & enter on May 11, or will I be the one in violation??
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Comments on My tenant will not respond to a notice to enter? »
I would call your local City offices, or even a police officer to get the correct answer!
I think you would be ok if you did enter on may 11th… after all he told you he was moving out on the tenth… i odnt see a problem with it…
i would say call the cops .. tell them you have not heard from your tenant and are concerned for his safety .. ask them to escort you in
Did this tenant change the locks and if so, did he have your permission to do so? Call the police department in your area. If necessary, ask them if they can send an officer over to accompany you. For all you know, the tenant could be dead inside! It has happened …
Hm…California is pretty sticky. I’d check your written agreement and also any applicable body of California law.
The truth is, that under these circumstances, I’m not sure a judge would hold it against you that you took action out of deep concern for your property. You may want to have a sheriff or local police with you, at minium a credible witness.
If it were my property, I’d probably request a sheriff for a wellness check – say you have seen no activity and they haven’t responded to your many attempted to contact and youj are in fear of their well being. I would not tell the sherrif you just want to get in and look around…
hm…looking at your question again…if the tenant gave you WRITTEN notice he’d be out on the 10th, then you may have a right to enter. You can always look around, “realize” the tenant is still in possesion then leave. The thing is, in order for you to get into trouble, the tenant has to complain to the right governmental entity, in the right format, and be rather persistant about it.
There’s a great book from Nolo called Landlording that may have the answer for you. Obviously you’ll want to look at the California version as the States vary.
Alabama law states that a landlord has to give 48 hours notice before entering a property unless there is an emergency (busted water heater, fire, etc.) or tenant gives immediate approval to enter. Send a certified letter to the tenant (with receipt) stating when you are going to enter, giving them the option to call you and set up an appointment, then if you still don’t hear back from them, enter your property. I would check your local tenant/landlord laws to be sure though!
Post a notice on the front door stating you will be entering the premises in 48 hours (list time). You are the owner of the property and have the right to access it with due notice given to the tenant.