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There are two minor repairs which need to be made in this tenant's apartment. She has refused to make an appointment any day but Saturday. My handyman works Monday to Friday. This is the email I sent her: "The contractor is now available 8am-4pm Monday-Friday. He may be available on a specific evening. This is a normal and reasonable schedule. Refusing to make an appointment within this timeframe will be considered denial of access. Any damage which may be caused by that leak will be your responsibility which means that you will be responsible for the cost of repairing the damage."
She claims she works everyday till 8:30 (which is strange because until now I've often seen her around during the day and evening). Also claims she can't get anyone else to give me access. And she claims it's not denial of access because she is offering Saturday, and told me to get a different contractor. Both my handyman and I are not available on that day and I think Monday-Friday is reasonable. Is this denial of access?
By the way, a non-payment case is in process against this tenant. I know from experience with her that she will come to court with a defense of failure to make repairs.
I have nine tenants and this is the only one who gives me any kind of problem. I have keys to all the other apartments and those tenants give me access at almost any time, most of them even when they're not home (with notification of course). This one refuses even to give me a key.
Any suggestions? thanks
There are two minor repairs which need to be made in this tenant's apartment. She has refused to make an appointment any day but Saturday. My handyman works Monday to Friday. This is the email I sent her: "The contractor is now available 8am-4pm Monday-Friday. He may be available on a specific evening. This is a normal and reasonable schedule. Refusing to make an appointment within this timeframe will be considered denial of access. Any damage which may be caused by that leak will be your responsibility which means that you will be responsible for the cost of repairing the damage."
She claims she works everyday till 8:30 (which is strange because until now I've often seen her around during the day and evening). Also claims she can't get anyone else to give me access. And she claims it's not denial of access because she is offering Saturday, and told me to get a different contractor. Both my handyman and I are not available on that day and I think Monday-Friday is reasonable. Is this denial of access?
By the way, a non-payment case is in process against this tenant. I know from experience with her that she will come to court with a defense of failure to make repairs.
I have nine tenants and this is the only one who gives me any kind of problem. I have keys to all the other apartments and those tenants give me access at almost any time, most of them even when they're not home (with notification of course). This one refuses even to give me a key.
Any suggestions? thanks
First of all, send her a certified letter, with return receipt saying essentially the same thing you said in the email. The reason being, that if you have to take her to court (or she takes you to court) in many cases an email cannot be submitted as evidence, and you want to be able to PROVE what you said to her.
Secondly, I will assume in the lease that you have a clause where the landlord may gain access to the rental unit for repairs with reasonable notice to the tenant. I have lived in a gazillion apartments and none of the leases stated that the tenant MUST be present. If your lease states this, then all you have to do is notify her that you will be IN HER APARTMENT on such-and-such a day to make repairs. She can CHOOSE to be there or not, that is her decision to make.
Finally, she is either hiding something or she is on a stupid power trip. Neither of which is going to help you get the repairs done. If she is hiding something (probably illegal or something that will break the lease), you need to know about it. If she is power-tripping, she needs to understand that YOU are the landlord, and she signed the lease.
Now, if your lease does not say you are entitled to access with reasonable notice, you are going to have to play the game by her rules, *unless* there is an emergency which could result in the damage of the property. For instance, if you smelled smoke, or heard water running or saw some kind of damage occurring, there wouldn't be a problem with you going in to stop the problem.
Of course, this information is true in Missouri, depending on where you are located, it might be different. You might want to check with an attorney.
first rule of LL'ing: YOU are the boss.
You accommodate the tenant and their rights to privacy with things like written notices...
but you don't kow-tow to them. Ever.
How on earth did it happen that she has keys to the apartment but you don't? Did she change the locks at some point? In most states it's illegal for a tenant to change locks without the express consent of the LL who must be given a key (obviously for emergency access).
You need to hone up on your state landlord tenant laws. If they're not listed in the first "sticky" on this page then google, "(your state) landlord tenant laws".
Your tenant is walking all over you. She cannot prevent you access to make repairs during normal business hours and with the requisite notice which you've obviously given her; if she changed the locks without permission she's in further violation of her lease; if she refuses to provide you with a key I'd be very surprised if, after giving her a written request for same, you're not legally entitled to change the lock and give HER a key.
Now, if your lease does not say you are entitled to access with reasonable notice, you are going to have to play the game by her rules, *unless* there is an emergency which could result in the damage of the property. For instance, if you smelled smoke, or heard water running or saw some kind of damage occurring, there wouldn't be a problem with you going in to stop the problem.
Of course, this information is true in Missouri, depending on where you are located, it might be different. You might want to check with an attorney.
In many states the landlords rights to access the property are spelled out in state law, they do not need to be written into the lease. The OP needs to verify what the state law says as well as his lease.
sent her another email: I have offered to make the repairs at reasonable times. I'm using "reasonable" in the legal sense. According to NYC law: "No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. Hours when access to be permitted. Except in emergencies, access to an apartment, suite of rooms, or rooms, shall be limited, to the hours between nine antemeridian and five post-meridian. Access shall not be required on Saturdays, Sundays or legal holidays except in emergencies." The repairs can start as early as 8am. The tile replacement will take no longer than one hour. The toilet leak repair time cannot be known until the contractor sees what the problem is. If necessary the two repairs can be done on separate days. What time do you have to leave for work? If this is not acceptable to you and if you really are not home M-F until 8:30 then you are responsible for having someone else allow access. Please don't force me to send you a certified letter. It will legally confirm that you are in denial of access.
I'm really trying to be truly reasonable. She's a pain.
sent her another email: I have offered to make the repairs at reasonable times. I'm using "reasonable" in the legal sense. According to NYC law: "No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. Hours when access to be permitted. Except in emergencies, access to an apartment, suite of rooms, or rooms, shall be limited, to the hours between nine antemeridian and five post-meridian. Access shall not be required on Saturdays, Sundays or legal holidays except in emergencies." The repairs can start as early as 8am. The tile replacement will take no longer than one hour. The toilet leak repair time cannot be known until the contractor sees what the problem is. If necessary the two repairs can be done on separate days. What time do you have to leave for work? If this is not acceptable to you and if you really are not home M-F until 8:30 then you are responsible for having someone else allow access. Please don't force me to send you a certified letter. It will legally confirm that you are in denial of access.
I'm really trying to be truly reasonable. She's a pain.
Why are you bending over backwards? Being a LL is running a business and not a daycare center either.
And why would you hold up the "certified letter" as a threat. You don't pussyfoot around, you just send it and have done with it. Aaaargh!
In most states, you do NOT need permissions or approval from the tenant. You simply give "reasonable" notice to the tenant of the date/time the repair will be taking place. Then you show up and meet the contractor, let them in, and stay while they are doing the work- whether the tenant is home or not.
Check your state laws....most have this clearly noted. Reasonable notice is usually 12-24 hrs, depending on the state.
If she says she won't be home, so what, then you let the contractor in, as per state law and you reiterate to her that this is the date.time that the repair is scheduled and she does not have to be there.
Then you show up for repair. If she refuses, you can call the cops, IMO. Then you have that police report handy when you evict her for refusing entry.
In most states, you do NOT need permissions or approval from the tenant. You simply give "reasonable" notice to the tenant of the date/time the repair will be taking place. Then you show up and meet the contractor, let them in, and stay while they are doing the work- whether the tenant is home or not.
Don't forget though that the other problem is that, for some reason, the LL doesn't have a key to the apartment and the tenant won't give him one. Good grief.
my landlord did this with the person upstairs and the water leak......they'd agree to a time then wouldnt answer the door........3 different scheduled meetings.
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