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, so long as you follow the applicable laws and lease agreements. Give your tenants advance notice, respect their privacy, and be clear about your plans before entering the property. You can maintain a smooth relationship with your tenants and carry out your obligations as a landlord by adhering to these guidelines.
Even if you own the property, you may still be subject to trespassing charges, so keep that in mind in certain instances. Examples of these situations include:
- Lease Agreement Violations: You could be subject to trespassing charges if your lease agreement with the tenant contains terms for access to the property and you break those terms. The tenant might view it as a breach of contract, for instance, if you enter the property without proper notice or a legitimate reason specified in the lease.
- Tenant’s Rights Violations: A tenant’s right to quiet enjoyment of their rental property includes their right to privacy and sole use of the space during the term of the lease. Legal issues, including trespassing charges, could arise if you enter the property without notice, significantly interfere with the tenant’s quiet enjoyment, or harass the tenant.
- Lockouts and Unlawful Eviction: Trespassing charges may result from making an attempt to physically evict a tenant without adhering to the proper legal eviction procedures. Without a court order, it is typically illegal to lock out a tenant from their rental unit.
- Criminal Intent: You could be charged with trespassing, just like any other unauthorized person, if you enter the property with the intent to steal, cause damage, or engage in any illegal activity.
- Local Laws and Regulations: Each jurisdiction has its own rules governing landlord-tenant relationships and property access. Failure to comply with local regulations may result in trespassing charges. Local regulations may impose specific requirements on landlords.
Avoid Potential Trespassing Charges
Respecting your tenant’s rights, adhering to the terms of your lease agreement, and becoming familiar with the local laws and regulations governing landlord-tenant relationships are all essential. To prevent disputes and legal issues, it is also essential to provide proper notice to tenants before entering the property for legitimate purposes, such as maintenance or inspections.
Ultimately, you should respect your renter’s possessory rights. Despite being your home, it is their home. You are not permitted to enter the property without notice or good reason from the property owners. A proper notification of future entry must be submitted. Depending on your state, illegal entry may result in fines of several hundred dollars or even jail time.
It is advised to seek legal counsel from a real estate and landlord-tenant law specialist if you have questions or concerns about your rights and responsibilities as a landlord.
In addition to keeping you informed about all aspects of your rental property, Real Property Management One Source follows proper notice and communication procedures with our tenants for routine maintenance, repairs, and property evaluations. Everything is quick and effective, and property law is fully observed. Contact us or give us a call at 214-721-0727 to learn more about how we can improve your quality of life in Prosper or the neighborhood.
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.
