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This is way out of control. I said I go onto the property. I never go into a house or apartment unles i am invited to go in order to fix a problem. The yard is a different matter. It is open and accesable. A LL has certain rights of inspection and access. Renters have rights of privacy and control. There is a balance there that is maintained. Going onto the property is not illegal when you own it.
Get informed on rules and regulations, then you will understand the balance and rights of both parties in a rental situation. Then you will not make stupid comments that make no sense.
It is illegal unless you have the renters permission,there is an emergency such that if you did not enter there could be property damage (like a broken pipe)you are posting a notice (a legal notice), you are there to fix something at renters request or you put it in lease and renter agrees or you have given the renter a 24 hour notice of intent to enter rental which includes yard and out buildings, and even with the 24 hour notice you must have a good reason and it cannot be done very often or can be considered harassment. By entering yard at any other time you as a landlord are putting yourself at risk of being arrested for burglary and /or trespassing. You can also be sued in small claims court for each time you have entered the property (which includes the yard and out buildings). You stated " Get informed on rules and regulations, then you will understand the balance and rights of both parties in a rental situation. Then you will not make stupid comments that make no sense". This comes straight from the landlord/tenant laws. So you should get informed because you are a landlord and because you put yourself at risk of arrest or lawsuit by not knowing the laws.
50 States... at least 50 different rules and then some
Anyway... For my State of California... PERMISSION IS NOT REQUIRED as long as proper notice is given.
One of the ways proper notice can be given is for the Landlord to go to the property and post notice on the Front Door. In other words the Landlord doesn't need permission or needs to get permission to show up at the property to Post Proper Notice.
Even if the Tenant refuses to grant permission, the Owner can still enter the unit once proper notice has been given as outlined by California Statute.
Of course, the tenant can give permission on the spot for non-emergency repairs, showing the unit to Insurance Company Inspectors, Appraisers and prospective buyers, etc. The tenant can also refuse short notice, but not entry as long as Proper Notice is given and sufficient time has elapsed.
The statute enumerates additional grounds for periodic inspections... such as the right to inspect waterbeds...
Here is a short excerpt and notice it specifically states: "Entering the unit" and not entering or coming onto the property.
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances:
To respond to an emergency.
The tenant has moved out or has abandoned the rental unit.
The tenant is present and consents to the entry at the time of entry.
The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement
For more reading for those in CA... Here's the link to the State of California Department of Consumer Affairs page dealing with Landlord Entry...
In Texas you couldn't even go on the property if the leasee objects. It is you who the police would tell to leave iof called.if you don't your trespassing.You basically do not control the property if you lease it out. You have certain contract rights under law and that is it. Inspection must be with advanced notice ;reasonable which includes convenience of the leasee.You can't enter a apartment without this notice without a emergency. It all comes back to the leasees right of privaticy really.Anything that is state law can not be overruled by a lease agreement. You can put anyhting you like into teh agreement and a court will rules against anything that violtes state law.
I could not find anything in the TX property code Property Code (http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm - broken link) so I looked to see what the Austin Tenants Council website said about Landlords entry Austin Tenants’ Council/Landlord’s Entry
Quote:
Landlord’s Entry
No Texas statute addresses landlord’s entry, but Texas courts have held that a landlord may not enter the rental property unless entry is authorized by the lessee. Once a residential property is leased, the landlord’s ability to enter the rental unit is diminished. Since no Texas laws state when a landlord can enter a rental property, the rules default to the lease agreement. Some lease agreements give a list of reasons when the landlord can enter and other leases do not mention landlord’s entry at all.
The TAA lease, which is widely used in Texas, states the landlord can enter for reasons ranging from removing unauthorized pets to showing the unit to prospective buyers to stopping excessive noise.
If the lease agreement — either written or verbal — does not include reasons for when the landlord is able to enter the unit, then there are only very specific times when a landlord may enter. These times include:
To make repairs requested by the tenant;
If there is an emergency inside the unit; or
If the landlord is going to post a notice either under the landlord’s lien law or when demanding possession in an eviction. (See ATC’s brochures, Landlord’s Lien and The Eviction Process for more information regarding these laws.)
This means the landlord cannot, among other things, enter to show the unit to a prospective tenant or to inspect the dwelling unless specifically agreed to in the lease.
Quote:
Does the Landlord Have to Give Advance Notice?
Many tenants believe the landlord is required to give 24 hours notice before entering the rental unit but this is not true. As with many questions previously addressed in this brochure, the landlord is only obligated to give advance notice if required under the lease. If the lease does not require advance notice and it appears the landlord is taking advantage of this, the tenant may request in writing that the landlord only enter after giving advance notice, for example, 24 hours. The tenant may also request that the tenant be present when the landlord enters the unit. The TAA lease does not require advance notice, but it does require the landlord to leave a written notice of the entry afterwards only if no one is in the unit at the time of entry.
IF THERE IS A BATHROOM DAMAGE AND THERES RAW SEWAGE ALL OVER THE GROUND, RAW SEWAGE COMMING UP FROM THE BATH TUB (shooting out) AND TOILET . ISINT THAT A SAFTEY HAZZARD? BUT TO TOP IT ALL OFF SHE WANTS US(TENANTS) TO HELP OUT WITH THE DUTY. SHOULD I HAVE TO PAY RENT THOSE DAYS I CANT SHOWER AND USE MY RESTROOM?
Since the Original Poster rents a home on the same street the Landlord lives on... they are actually neighbors... so right there I would expect the Landlord to be in the neighborhood... can't be avoided.
Great rule of thumb for renting that's always served us well: MAKE SURE YOUR LANDLORD AND YOUR IN-LAWS ARE BOTH ABSENTEE!
Knowing our landlord lives a day's drive away and our in-laws are both in faraway states: PRICELESS PEACE OF MIND. (Not to mention PRIVACY.)
This is way out of control. I said I go onto the property. I never go into a house or apartment unles i am invited to go in order to fix a problem. The yard is a different matter. It is open and accesable. A LL has certain rights of inspection and access. Renters have rights of privacy and control. There is a balance there that is maintained. Going onto the property is not illegal when you own it.
Get informed on rules and regulations, then you will understand the balance and rights of both parties in a rental situation. Then you will not make stupid comments that make no sense.
A LL has certain rights of inspection and access WITH ADVANCE NOTICE.
And when you are walking around in your tenants' backyard, you can see into their windows, can't you. That is invasion of privacy in my book.
I know this post is old but I was wondering if anyone was familiar with CT landlord laws? Over the last few days I've had a couple incidences as a tenant I feel a little concerned over.
Yesterday the landlord arrived with a tree cutting company to remove several trees from the back yard. I'm still perturbed in general because I elected to rent this specific property due to the trees and shade. There was nothing wrong with any of the trees and his only reasoning was that the shade from the trees were not allowing the grass to receive sufficient sunlight (which I know from my own lawn experience the exact opposite is true - over exposure to UV browns the grass). It's his property and if he wants to cut down the tree it's ultimately his call not mine.
My own personal grievances over the trees aside the issue I'm concerned with is that he just showed up without any notice at all and commenced the tree cutting. I have guests coming for July 4th for a BBQ out back and the cutters have not finished yet. There's logs, leaves, and sawdust everywhere in the backyard including the deck and my picnic table. We have a "must provide reasonable notice before entering the dwelling" stipulation in our lease. Not sure if he's required to give notice before doing this work but we've receive none whatsoever - no phone calls, no voice mails, no written or posted notices - nothing. Not even the common courtesy to let us know, especially with a holiday weekend quickly approaching that most people typically spend in their backyards.
He owns several houses in our neighborhood so he has been more frequently using our driveway to park in then walk to other houses. Is he allowed to do this?! Personally feel its kinda rude.
And lastly just today my sister-in-law was over visiting. My wife took her sister's daughter for a stroll around the block while my sister-in-law stayed at the house. My wife left the garage door open (we have an attached garage). So he shows up today and instead of going to the front door he instead goes into the garage and knocks on the interior door that connects the garage to the house. I'm pretty certain that attached garages are considered part of the dwelling and since he requires a notice he had no business being in there. He was only there to drop off a utility statement. He kinda rudely treated my sister-in-law suspiciously. We've only been in the house for about 1.5mo's and have never done anything out of the ordinary or out of bounds of the lease. He had no right as far as I'm concerned coming in through the garage without notice or treating my sister-in-law or any member of my family rudely without just cause.
I know this post is old but I was wondering if anyone was familiar with CT landlord laws? Over the last few days I've had a couple incidences as a tenant I feel a little concerned over.
Yesterday the landlord arrived with a tree cutting company to remove several trees from the back yard. I'm still perturbed in general because I elected to rent this specific property due to the trees and shade. There was nothing wrong with any of the trees and his only reasoning was that the shade from the trees were not allowing the grass to receive sufficient sunlight (which I know from my own lawn experience the exact opposite is true - over exposure to UV browns the grass). It's his property and if he wants to cut down the tree it's ultimately his call not mine.
My own personal grievances over the trees aside the issue I'm concerned with is that he just showed up without any notice at all and commenced the tree cutting. I have guests coming for July 4th for a BBQ out back and the cutters have not finished yet. There's logs, leaves, and sawdust everywhere in the backyard including the deck and my picnic table. We have a "must provide reasonable notice before entering the dwelling" stipulation in our lease. Not sure if he's required to give notice before doing this work but we've receive none whatsoever - no phone calls, no voice mails, no written or posted notices - nothing. Not even the common courtesy to let us know, especially with a holiday weekend quickly approaching that most people typically spend in their backyards.
He owns several houses in our neighborhood so he has been more frequently using our driveway to park in then walk to other houses. Is he allowed to do this?! Personally feel its kinda rude.
And lastly just today my sister-in-law was over visiting. My wife took her sister's daughter for a stroll around the block while my sister-in-law stayed at the house. My wife left the garage door open (we have an attached garage). So he shows up today and instead of going to the front door he instead goes into the garage and knocks on the interior door that connects the garage to the house. I'm pretty certain that attached garages are considered part of the dwelling and since he requires a notice he had no business being in there. He was only there to drop off a utility statement. He kinda rudely treated my sister-in-law suspiciously. We've only been in the house for about 1.5mo's and have never done anything out of the ordinary or out of bounds of the lease. He had no right as far as I'm concerned coming in through the garage without notice or treating my sister-in-law or any member of my family rudely without just cause.
Send the rude landlord a certified letter that says something like this:
Effective immediately, I will no longer consent to your unannounced visits to my rented property. This includes the garage, the back yard, and the driveway.
Except in cases of emergency, repairs requested by me, or allowed by state law, I require a 24 hour notice for you or any of your agents to enter my rented property. Failure to provide proper notice before entering my rented property will result in charges of criminal trespass being filed against you.
Send the rude landlord a certified letter that says something like this:
Effective immediately, I will no longer consent to your unannounced visits to my rented property. This includes the garage, the back yard, and the driveway.
Except in cases of emergency, repairs requested by me, or allowed by state law, I require a 24 hour notice for you or any of your agents to enter my rented property. Failure to provide proper notice before entering my rented property will result in charges of criminal trespass being filed against you.
Sincerely,
..
Wow, that's pretty strong. I was hoping for a more diplomatic solution this early on in the lease.
Here's another question... If his actions continue as per above does that constitute breaking the lease on his part? If so does that mean that it's still binding? If not then could we hypothetically say "phooey on this rubbish, we're moving elsewhere" before the agreed upon date without repercussion?
Wow, that's pretty strong. I was hoping for a more diplomatic solution this early on in the lease.
Here's another question... If his actions continue as per above does that constitute breaking the lease on his part? If so does that mean that it's still binding? If not then could we hypothetically say "phooey on this rubbish, we're moving elsewhere" before the agreed upon date without repercussion?
Hmm, I don't know. I don't think it's automatic. Trespassing is more than just violating a lease (a civil matter) -- it's a criminal matter! It's not something the rude landlord should dismiss. A housing court would probably let you out of the lease early if that's what you want and the landlord continues to trespass.
Keep in mind that the landlord isn't your friend; it's a business relationship, and people who abuse their end of the relationship need to be put in their place.
Maybe this would be better:
I am concerned about several incidences where you have entered my rented property without proper notice. I was planning to have a BBQ in the back yard on July 4th, and with no advance notice, you decided to remove the trees. I rented this property in part because of the nice trees in the back yard. You also park in my driveway, and you walk into my garage without being invited.
Please be advised that with the exception of an emergency, repairs requested by me, or other situations allowed by state law, I do not consent to any unannounced visits to my rented property by you or your agent (e.g., the tree removal people).
----
No landlord who wants to stay in business will just walk on to their tenant's back yard and rip up the trees on a whim. He might be clueless, or he might be a jackass. Either way, the letter will let him know that he is not allowed to do that.
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Linda the bad lanlord
