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My tenant has not paid her rent for the last 4 months. Months 5 and 6 were partial payments. I was looking to modify or refinance and was trying to help because her husband was sickly. Well now it has appeared that they have moved because they're never home and won't respond to my many letters, texts, messages, etc. I have filed for eviction but I haven't had any responses to that. There is a window that has been left opened for months can I go in the apartment before the court date for an inspection to make sure its still livable?
This is a legal matter and you really need to discuss this with someone who works in this field (ie, attorney).
I have a little understanding of the law, between me renting through the years and my in-laws owning an apartment building... What I know only applies when the place is occupied. But if it's vacant, you legally do own the house. However, if you enter through a window, and someone sees you, they may mistake you for a burglar and it will be an interesting time trying to explain your situation with the cops, when they show up to arrest you for breaking & entering.
Thanks I was going to enter thru the front door, with my key to close the window but was wondering if that was even legal. Hopefully the eviction process will go smooth. I'm not sure the apartment is vacant. I just know they haven't been there at least two months but no one saw them moving.
In that case, I would suggest that you contact the police (non-emergency number) and ask them to accompany you as you enter the apartment. Keeping the window open to the elements is never a good thing, so you're doing this for safety and security reasons, hence why you need to enter the apartment. Anytime a landlord must enter an apartment without permission, it's best to have a police escort. That's what my in-laws did in the past with their tenants, usually for emergency (water leaking from upstairs apartment, etc.). This way, if the apartment is occupied, you can't be accused of illegal entry, theft, etc.
Do you have a lease? Almost every standard lease says a landlord can enter in cases of emergency. With these below freezing temperatures and a window open I would think that falls under the case of emergency, especially if you have tried to reach them with no response. I own several rental properties and I would definitely enter to make sure my property was not being damaged.
They are month to month tenants. The house is in Mount Vernon. I've relocated to Maryland. I went to the City Hall to ask questions. I was addressed very rudely that Mount Vernon has their own set of laws of entering????? This has been a nightmare. I'm going to contact the police tomorrow before I leave to shut the window. Hopefully this will be productive.
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