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Tenant Rights vs. Landlord Access: Trespassing Concerns for Property Owners

Belgrade Woman Inviting Her Landlord Inside the House As a rental property owner, you’re entitled to the legal right to access your property for repair work, assessments, or showings to prospective tenants or buyers, provided that you follow the applicable laws and lease agreements. Give your tenants advance notice, respect their privacy, and let them know what you’re doing before entering the property. You can maintain a smooth relationship with your tenants and meet your obligations as a landlord by adhering to these guidelines.

Remember that you could face trespassing charges even if you own the property in certain instances. Examples of these situations include:

  1. Lease Agreement Violations: If your lease agreement with the renter contains terms for access to the property and you break those terms, you might face trespassing charges. For example, if you enter the property without proper notice or a valid reason outlined in the lease, the tenant may consider it a breach of contract.
  2. Tenant’s Rights Violations: Tenants have the right to quiet enjoyment of their rental property, which means they have the right to privacy and the exclusive use of the premises during the lease term. If you enter the property without notice, excessively disrupt the tenant’s peaceful enjoyment, or harass the tenant, it could lead to legal issues, including trespassing charges.
  3. Lockouts and Unlawful Eviction: Attempting to physically remove a tenant from the property without following the proper legal eviction procedures can lead to trespassing charges. Locking a tenant out of their rental unit without a court order is typically illegal.
  4. Criminal Intent: If you enter the property to steal, damage, or participate in any unlawful conduct, you can be charged with trespassing just like any other unauthorized person.
  5. Local Laws and Regulations: Laws regarding landlord-tenant relationships and property access can vary from one jurisdiction to another. Local regulations may impose specific requirements on landlords, and failure to adhere to these regulations could result in trespassing charges.

Avoid Potential Trespassing Charges

Take care of your tenant’s rights and always adhere to the lease agreement terms by learning and abiding by the local laws and regulations governing landlord-tenant relationships. Furthermore, it is essential to avoid disputes and legal issues by providing proper notice to tenants prior to entering the property for legitimate reasons such as maintenance or inspections. 

Ultimately, you should respect your renter’s possessory rights. It may be your house, but it’s their home. Simply having property ownership does not give you the right to enter the property without notice or good reason. It is necessary to submit a proper notification of impending entry. Illegal entry may result in a fine of several hundred dollars or even jail time, depending on the laws of your state.

If you have any questions or concerns about your legal right and obligations as a landlord, you should speak with an expert in real estate and landlord-tenant law.

Real Property Management Bozeman gives our tenants the proper notice and communication when performing routine maintenance, repairs, and rental property evaluations. We also keep you up to date on all matters pertaining to your rental property. All property laws are strictly adhered to, and everything proceeds quickly and without a hitch. Contact us or call us at 808-445-9500 to learn more about how we can make your life in Belgrade and the surrounding areas simpler.

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