Entering rental w/o tenant?

Question

HI all, thank you in advance for your wisdom and experience! My husband and I are new to investing in real estate. We have an SFH rented to a nice couple. There's an issue with the oven and since we are new owners I made a claim with the home warranty policy.

The repair tech was not a good communicator and made the renter feel uncomfortable. They ordered parts and had set a date to come back this weekend. They called recently to asked to reschedule and so I let the renters know that I would come out to meet the repair tech with the tenant if possible or I would be fine dealing with it by myself if they were away from the house. The tenants agreed to this and said that they would be home.

The tenants texted this morning and said that she had had a surgery and couldn’t be there because they were staying with family. They did not want anyone entering the house without being present. They requested that we reschedule the service.

I actually was able to reschedule it very easily but I did warn the tenant that since it was within 24 hours of the service that the website noted there might be communication difficulties in rescheduling the service. I said that if the repair man came I would meet him and take care of it. The tenant said they were not comfortable with that and wanted to be home and basically refused entry.

She followed it up by asking if she could install a security system in the house. I told her that as long as there are no holes drilled in the outside of the house or electrical that needed changed and that they were aware that any damage to the windows or doors would come out of their deposit…I have no objections to cameras.

I am concerned that there might be more difficulty when we need to enter the house later on in their lease (air filter/inspection or who knows what might break 😜). They have been cordial tenants and no late payments etc. but have pushed back on weight/breed restrictions for pets and asked about support animals.

If the repair man couldn’t reschedule would I be within my rights to enter the premises even without the tenants approval? Do I need their approval even if we’ve discussed it previously and there was more than 24 hours notice? Also our communication was over text. Would that hold up if there was a question about legality?

Any other advice? Learning how to landlord and hoping for another purchase in a year….

Nathan Gesner · Answer

I would have to agree with Bob. Based on the little bit you've shared, they sound problematic and I probably wouldn't keep them at the end of this lease. Do you honestly believe she scheduled this repair and forgot she would be having surgery and staying with her mom? I think she's pulling your leg and didn't want you in the house for a different reason.

The law requires you to give notice; it does not require you to gain permission. I would have said, "You asked me to be escort the contractor, so that's what I'm doing. Your presence is not necessary and I'm not shuffling my schedule or the contractor's due to your forgetfulness."

Marci Stein · Answer

You are certainly within your right to

enter , given the requirement of the

lease . don’t let your tenant bully you.

Steve K. · Answer

@Kim Parker in addition to your lease, check your state and local laws as they pertain to providing notice to enter for repairs/ maintenance/ emergencies. In Colorado we’re actually not required to provide any notice, but I still usually try to give 24-48 hours out of courtesy. In your situation, after verifying local and state laws on providing notice, I would just let them know when you will be meeting the repair person there and that their presence won’t be necessary. I could see rescheduling once to accommodate them, but repair people can be difficult to schedule these days, so there’s only so much you can do to work around their schedule. If you don’t make the repairs then tenants will complain about that too so it’s a two-way street. If they push back on this they may be trying to hide something.

Malcomb Stapel · Answer

@Kim Parker  what does your lease say? If it just requires 24 hour notice, then you have every right to be in there.

Kim Parker · Answer

Following up from this old thread. Conquered above problems. In summer tenants were late with June rent and received 3 months assistance. We are mutually agreeing to end their tenancy 2 months early. Can I just write an addendum? Any specifics to include?

I'm really glad we can end their tenancy (fingers crossed) without lost rent--and hopefully without much drama. And finding new tenants and doing any repairs (A-/B neighborhood) will be better in September vs December.

Kim Parker · Answer

Yes….she had to have known well beforehand about the surgery. I don’t think they’re hiding anything though. It’s a nice starter home in a nice area and I was over a couple of weeks ago to figure out next steps for the oven. Im planning on being there in a week for the rescheduled service, so it would be an incredibly easy lie to catch. She was embarrassed that the house was dirty/messy/cluttered. I think they’re inexperienced, pushy, and inconsiderate. Which equals…difficult tenants.  I’ll address it this week.

Bob B. · Answer

While you stated they are a "nice couple"  it sounds like they are going to be more trouble than they are worth based on the issues you are having with them. You need to train them now or they will be running all over you.  If they were my tenant, I would send them a nice letter letting them know that if they are not happy living in your property that they are free to move with 30 or 60 days notice.  They need to realize that "you" are the owner and they are the tenant.  When I rent a car, I agree to abide by the contract I signed and if I don't like the contract I am free to go to another agency.  They are trying to push a pet on you, deny access and sounds like other things.  Don't put up with it.

Entering rental w/o tenant?

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