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Old 01-28-2010, 10:15 AM
 
Location: Little Pond Farm
559 posts, read 1,355,896 times
Reputation: 507

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I have renters in a house......... Their lease has expired, they have been late with rent 18 out of 24 months, their security deposit has been reduced to 0 due to late fees. So I want to sell the house. Made an appointment with the realtor to see the house on Friday at 1PM. Texted the tenant this am at 8 am to let them know I would be there. 24 hours notice is in the lease contract for me to enter the house. She just texted me back saying a kid was sick and the adults of the house have to work and that I was no allowed in the house with a minor. I told her I thought that it was illegal to leave a minor child unattended, she said he was 15.


Can I go to my house with the proper notice?
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Old 01-28-2010, 10:56 AM
 
Location: San Antonio, Texas
3,503 posts, read 19,880,155 times
Reputation: 2771
I wouldn't do it only becasue the tenant may cause provlems with the police if you go in. Especially if it's a girl, and your not. Save yourself the hassle. people can get mean and do bad things even when YOU are the one in the right.
Send a letter before hand with cetified return receipt and a copy regular mail with a date and time you will be there. then go.
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Old 01-28-2010, 01:05 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,545,163 times
Reputation: 18189
I agree with Shane, stay away. Contact her to find out what would be suitable, arranging a time serves as notice to enter.
Send her a brief note of summary as follow up to the conversation.
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Old 01-28-2010, 01:53 PM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
Depends on the laws of your State... I make it a point not to enter any unit unless an Adult is present...

Local Building Inspectors will not enter a unit if a minor child is home alone unless the owner is with them... just too many problems you don't need.

Not to sound harsh... keeping a problem tenant this long means that somewhere along the line you decided it was better than the alternative...

There are many landlords today that are only landlords by circumstance... it creates potential problems on both sides.

In the future... once a tenant stops cooperating and is habitually late... it is time to go... otherwise you are an enabler...

Last edited by Ultrarunner; 01-28-2010 at 11:26 PM.. Reason: typo
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Old 01-28-2010, 02:07 PM
 
Location: Illinois
718 posts, read 2,078,594 times
Reputation: 987
You might as well decide to wait until your lease is up and they move to sell that house. Do you think it will be in showable condition? I think not. You will have to go in and fix it up to make it presentable for a buyer to want to make an offer. Tenants in a home are the kiss of death to buyers and realtors and owners.
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Old 01-28-2010, 03:58 PM
 
Location: Boise, ID
8,046 posts, read 28,464,975 times
Reputation: 9470
Legally, can you go in? Possibly, you would need to check local laws to see if there is anything that forbids this.

However, I agree with the others that, legal or not, I wouldn't do so. You are just opening up a can of worms that I wouldn't want to deal with.

You said their lease has expired, so are they currently month to month? If so, and you are trying to sell the house, I would give them notice that you are not going to renew their lease, and they need to move in 30 days. Send the notice through regular mail, certified mail, and posted on the door or hand delivered so they can't say they didn't get it.

Once they are out, you can get the place showable and have a much better chance of actually selling it. If you can't even get your own realtor in to see the place, imagine how much trouble you are going to have getting other people and their realtors in. And I can't imagine the place will be cleaned for showings.

Also, you said their security deposit was gone because of late fees. That was a mistake. Late fees should be collected as you go. Now when they move out, what is going to pay for damages? They don't sound like the type who will pay a bill if you send them one.
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Old 01-28-2010, 11:03 PM
 
Location: Maryland
1,667 posts, read 9,379,501 times
Reputation: 1654
I won't go into you're letting them be late for rent for 2 years. So, it sounds like these squatters are going to play the harassment card next. This is very typical behavior for renters. I'd give them notice to the letter of the law in your area. Check with an attorney if you have any doubt. Also, if they're bring a minor into play, and the courts will eat you alive if they sue you for something indecent, I'd take the Sheriff or HRS Agent with you when you visit. They will make a good witness, also, if you see something in the apartment that you're tenants apparently don't want you to see. Any tenants in the future will be on a month-to-month for 6 months probation before a lease is allowed.
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Old 01-28-2010, 11:44 PM
 
Location: Destrehan, Louisiana
2,189 posts, read 7,050,421 times
Reputation: 3637
Quote:
Originally Posted by casper324 View Post
I have renters in a house......... Their lease has expired, they have been late with rent 18 out of 24 months, their security deposit has been reduced to 0 due to late fees. So I want to sell the house. Made an appointment with the realtor to see the house on Friday at 1PM. Texted the tenant this am at 8 am to let them know I would be there. 24 hours notice is in the lease contract for me to enter the house. She just texted me back saying a kid was sick and the adults of the house have to work and that I was no allowed in the house with a minor. I told her I thought that it was illegal to leave a minor child unattended, she said he was 15.


Can I go to my house with the proper notice?
Why not request to show the house after they get home, if not, Sunday at 6am.

If they refuse, start eviction at once and get them out. This is your house, make them understand that and don't back down.

busta
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Old 01-29-2010, 12:13 AM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
Quote:
Originally Posted by bustaduke View Post
Why not request to show the house after they get home, if not, Sunday at 6am.

If they refuse, start eviction at once and get them out. This is your house, make them understand that and don't back down.

busta
During Normal Business Hours is a requirement in my State...

Sunday can and does work because Sunday Afternoon is Normal Business Hours for many in Real Estate...

I would think 6 AM would be viewed as harassment...
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