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Can Rexburg Property Owners Be Charged with Trespassing on Their Own Rental Property?

Woman Inviting Her Landlord Inside the HouseAs a landlord, expect that you’ll responsible for maintenance on your own property. Especially when you have renters in your investment property. At the same time, you should always consider giving advanced notice before anyone could visit the property. Your property immediately becomes the renter’s home once you turn over the keys.

To be exact, just because you’re the owner of the rental property in Rexburg doesn’t mean you can already encroach on the lives of your tenants without proper notification. Even on the basis of replacing a simple furnace filter, all unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law; make it a habit to read up on the legality of your entry as a landlord. Outline the terms for notice to be given before entry in the lease so you don’t violate your renter’s privacy. Twenty-four hours should be the standard typical notice requirement for someone other than your tenant or their visitors to come into the property, even if the resident is already at home or not. There are even localities who further restrict entry to times of the day and days of the week, so be sure that you know and follow the laws in your area as this is really important. It may also appear as if these are just non-sense rules, but considering the concerns, well, consider the value of this in the long run.

Omissions to this may even entail emergency repairs or safety issues like faulty wiring that poses a fire hazard, burst pipes leaking into another unit or broken windows and doors that could transform a satisfactory temperature or draw villainous commotion. As a landlord, you should make it a point that the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. Indeed, failure to carry on emergency repairs within the given timespan listed in your state law could also constitute neglect.

You and your tenants should make it practice that your property is honoring local building or housing codes. In case of lack of maintenance or a renter’s extended absence is affecting heat or ventilation, or broken fixtures are preventing the adequate provision of water or electricity, then you as the owner of the property could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, try to find legal counsel as to whether you have a reasonable right to enter the premises to supervise overhauls.

The exception to criminal trespassing is implied permission. This would involve renter requested repairs or maintenance, which would suggest that they estimated and assented to your entry of the premises. Unless it is explicitly stated in the lease that notice should be provided for all repairs, you may be covered from a liability standpoint. Keep documentation of all maintenance requests to avoid the risk of a lawsuit.

Predominantly, you should make it a rule to respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not provide you the authorization to drop by without notice. You must submit proper notification of future entry. Illegal entry can result in fines up to several hundred dollars, or even jail time depending on your state.

Real Property Management Southeast Idaho not only cares for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also keep you abreast concerning all details of your rental property. For more facts and figures on how we can make your life more pleasant, 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.