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Can Amsterdam Property Owners Be Charged with Trespassing on Their Own Rental Property?

Woman Inviting Her Landlord Inside the HouseAs a landlord, you will be accountable for maintenance on your property. On the other hand, the minute you renters in your investment property, you have to arrange for your renters with an advanced notice ahead of time before anyone enters the property. Your property turns into the renter’s home once you turn over the keys. The bottom line is, just because you are the owner of a rental property in Amsterdam doesn’t mean you can intrude on the lives of your residents without proper notification. Despite the fact that you simply plan to change a furnace filter, any unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law, so read up more on the legality of your entry as a landlord. Outline the terms for notice to be given before entry in the lease so you don’t violate your renter’s privacy. For example, twenty-four hours is the commonly followed typical notice requirement for someone who isn’t the tenant or their guests to enter the property, just in case the resident is home or not. Other locations even restrict entry to times of the day and days of the week, so make sure you understand and follow the laws in your area in this regard. It may seem like insignificant compliance, yet bearing in mind the alternative, it’s well worth the wait.

Exemptions to this may incorporate emergency repairs or safety issues, such as faulty wiring that poses a fire hazard, burst pipes leaking into another unit, or broken windows and doors that could influence a comfortable temperature or attract criminal movement. As a landlord, you must maintain the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. Failure to direct emergency repairs within the time frame stipulated by your state law could constitute neglect.

You and your tenants must also make sure your property is liable to the local building or housing codes. If a lack of maintenance or a renter’s extended absence is affecting heat or ventilation, or broken fixtures are preventing the adequate provision of water or electricity, then as the landlord, you could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, seek legal counsel as to whether you have a reasonable right to enter the premises to perform repairs.

Another exception to criminal trespassing is implied permission. This would consist of whether your renter requested repairs or maintenance, which would specify that they expected and consented to your entry of the premises. Unless it is explicitly stated in the lease that notice should be provided for all repairs, you may be covered from a liability standpoint. Keep documentation of all maintenance requests to avoid the risk of a lawsuit.

In the long run, you should always put in mind to respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does sanction you the authorization to drop by without notice. You must submit proper notification of future entry. Illegal entry can result in fines up to several hundred dollars, or even jail time depending on your state.

Real Property Management Bozeman not only provides for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also keep you in the know regarding all facets of your rental property. For more information on how we can make your life easier, contact us or call us at 406-586-2226.

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