As a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or to show it to prospective tenants or buyers as long as you follow the applicable laws and lease agreements. Give your tenants advance notice, respect their privacy, and be open about your intentions when 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.
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
It’s necessary to familiarize yourself with the laws and regulations governing landlord-tenant relationships in your area, respect your tenant’s rights, and always follow the lease agreement terms. Additionally, providing proper notice to tenants before entering the property for legitimate reasons, such as maintenance or inspections, is crucial to avoid disputes and legal issues.
Ultimately, you should respect your renter’s possessory rights. It’s your home, but it’s also their home. You are not allowed to enter the property without notice or a valid excuse from the property owners. It is necessary to submit a proper notification of future entry. Illegal entry may result in fines of several hundred dollars or even jail time, depending on your state.
If you have questions or concerns about your rights and responsibilities as a landlord, it is advised that you seek legal advice from a real estate and landlord-tenant law specialist.
Real Property Management Southeast Idaho adheres to proper notice and communication procedures with our tenants for routine maintenance, repairs, and property evaluations. Additionally, we keep you informed about every aspect of your rental property. Property law is strictly upheld, everything is quick and efficient. To find out more about how we can enhance your quality of life in Rexburg or the neighborhood, contact us or call us at 208-522-2400.
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.
