QUESTION
Can an owner enter his rented home without the renter present?
Asked on Dec 28th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
We have a rental home and are having it appraised. the renter will not be in the city and has his doors locked. Can we, as the owners, go into the house with the appraiser?
5 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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The lease governs access to a property under lease by a lessor. Refer to it.
Answered on Jan 09th, 2012 at 11:12 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can do what the lease says. If it an oral lease, then I suggest that you get permission first.
Answered on Jan 05th, 2012 at 4:33 PM
Yes, with written notice to the tenant pursuant to the provisions of Civil Code section 1954 or as agreed upon by the parties in the lease.
Answered on Jan 05th, 2012 at 12:49 AM
Yes. The Arizona LL/T Act allows the landlord to show and inspect the property with two days advance notice. (See ARS Sec. 33-1343). The statute does not specify whether the notice must be written or not, but the best way to proceed is with a written notice. To serve a written notice you must either serve by personal service or via certified mail. Because your tenant is out of town, you cannot personally serve the tenant, so send the notice via certified mail. The tenant is out of town, so you cannot count on the tenant signing for the notice, but the statute provides that a notice sent by the landlord to the tenant via certified mail is deemed received five days after it is sent via certified mail. Five days for mailing, plus two days advance notice, means that you must send the notice at least eight days before the date of the appraisal.
Answered on Jan 04th, 2012 at 5:01 PM
Kevin Elliott Parks
The renter doesn't have to be present for an owner to enter the premises. The owner must only give at least 24 hours advance notice, and enter at reasonable times. The renter then must also be reasonable any time they withhold consent to enter. So, it comes down to a factual question, not a legal one. Is your entering with an appraiser reasonable? Sure. Can you give the renter 24 hours notice? Probably. But could the renter say that that time doesn't work and isn't reasonable, since they're not home? Possibly. If the reason is solely that they're uncomfortable with you being there while they're not home, that's not likely to be in and of itself a reasonable reason to deny you entry. But if, say, the renter had another legitimate reason to deny you entry at that time, it may be reasonable. There's simply no guaranteed right answer. Your best bet in this situation is likely to email the renter as soon as possible, and at least 24 hours in advance, to tell them the day/time you're planning to come in, and then following up by phone to make sure they got the email and notice and have responded. That way, at least you'll know ahead of time whether you're creating a problem, or (hopefully) avoiding one.
Answered on Jan 04th, 2012 at 4:47 PM