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If there are unknown persons living there, this is because your lease is not thorough enough or because you mod cut don't know how to enforce a lease.
The lease should state something about guests staying longer than 30 days are not allowed. You should have the make/model/plate number of all autos owned by the tenants that signed the lease. Any cars there longer than 30 days usually means an unauthorized tenant is in the house, or the renter got a new car.
You drive by and evaluate if someone additional is living there. You contact folks and find out if additional folks are living there. You inspect. You notify the tenant of the situation and you either choose to allow this new person on the lease and do a background check, or you require the new person to leave. If they don't leave, you give notice to the current tenants and all others living there (legal wording to get from attorney) to move (if month to month). If they are still have several months or more before the lease expires, you evict if you don't want additional tenants.
you sound fearful of these tenants. you probably need a lawyer if you find any issues and want to take action. Sounds like they will walk all over you.
Last edited by Ultrarunner; 04-17-2012 at 04:33 PM..
Reason: personal attack
We want to make sure that we'll be doing in a right way. Can a landlord say: By law, the landlord has a right to enter the leased premise for reasons listed in the lease without consent, provided reasonable notice of time given.
We want to make sure that we'll be doing in a right way. Can a landlord say: By law, the landlord has a right to enter the leased premise for reasons listed in the lease without consent, provided reasonable notice of time given.
Can a landlord say: By law, the landlord has a right to enter the leased premise for reasons listed in the lease without consent, provided reasonable notice of time given.
Can a landlord say: By law, the landlord has a right to enter the leased premise for reasons listed in the lease without consent, provided reasonable notice of time given.
The red parts are not necessary.
As long as the OP clearly understands that state law prevails and there are very few states whose laws wouldn't include, after "without consent" the words, "unless in case of emergency". Even so the sentence as presented by the OP is out of whack and is a simple fix using a common clause if the current lease for some reason doesn't include it. This attention to minutiae is unnecessarily complicating a very simple issue ... the OP needs an attorney.
As long as the OP clearly understands that state law prevails and there are very few states whose laws wouldn't include, after "without consent" the words, "unless in case of emergency". Even so the sentence as presented by the OP is out of whack and is a simple fix using a common clause if the current lease for some reason doesn't include it. This attention to minutiae is unnecessarily complicating a very simple issue ... the OP needs an attorney.
OP, you need to read your state's landlord tenant laws. Look at the sticky at the top of this forum.
Stop with all the excuses and reasons and what ifs and wherefores and whys. You have the right to enter your property for an inspection after having given appropriate notice. If you are this fearful of your tenants, you need to get out of the landlording business or hire a property management company.
Thanks again for all the advice. We just emailed the tenants the Notice for Home Inspection, scheduled for next Monday. We also called local police, asking what to do if they won't let us in. The police told us to call them. But they asked if we sent out a certified mail. Do we really need to do that? We were planning to hand deliver a letter sometime this week.
In the lease, it says: Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox.
Thanks again for all the advice. We just emailed the tenants the Notice for Home Inspection, scheduled for next Monday. We also called local police, asking what to do if they won't let us in. The police told us to call them. But they asked if we sent out a certified mail. Do we really need to do that? We were planning to hand deliver a letter sometime this week.
In the lease, it says: Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox.
This is seriously getting beyond the point of ridiculous. You've been told what you need to do by many different people in many different ways and you've been advised to read your state's landlord tenant laws for confirmation and further clarification. In return you either refer back to clauses in your own lease agreement or to some other source you find on the internet and persist in clouding the basic issue which has already been addressed.
Please get an attorney. Obviously whatever help people on this forum are trying to give you is turning out to be an exercise in frustrating futility - and in any case we are not attorneys but simply well meaning folks who have been there done that and know something of what we speak.
Thanks again for all the advice. We just emailed the tenants the Notice for Home Inspection, scheduled for next Monday. We also called local police, asking what to do if they won't let us in. The police told us to call them. But they asked if we sent out a certified mail. Do we really need to do that? We were planning to hand deliver a letter sometime this week.
In the lease, it says: Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant when deposited in the mail addressed to the leased premises, or addressed to Tenant’s last known post office address, or hand delivered, or placed in Tenant’s mailbox.
Do you have acopu of Title 8 of the Maryland state laws? If not, stop asking silly questions and get a copy and READ IT! You are a landlord now, and as such you have a legal responsibility to first know the laws that cover your situation.
You are asking for advice on something you already should have known about before you acted. When the police asked you about a certified mailing, that should have been a red flag that your acting without knowing what the heck you should be doing. To be honest, your taking a very simplke matter band turning it into some monster of your own creation. STOP, get a copy of the law and read it first before doing anything else!
And as has already been told to you several times, the heck what you have in the lease, If state law says something else, that is what it is!!
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