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Updated over 2 years ago,
Inspect Property with Evicting Pending, Suspected Early Move-out
Early Sept I requested my PM to schedule an Inspection as there is strong suspicion of smoking and pet that are strictly prohibited by Lease. The lease will terminate end of Oct and Tenant has not paid rent and seems not communicating. The PM scheduled the inspection on 9/30 (this Friday). Meanwhile the water was turned off as of 9/22. There are signs of tenant moving their stuff out but Tenant has not given any notice to PM of leaving early. Eviction is pending (it takes about 1 month to get Writ of Possession in my county) and it was just filed. I am interested to see the documentation of the condition of the property at this juncture (I know there will be move out inspection as well but this is not a move out inspection) and also get a sense if the personal stuff is largely gone by the inspection date. This way I can better anticipate problems and take appropriate, timely actions.
My concern is if on 9/30 the inspection day the Tenant is not there providing access and PM would just make an empty trip to the property but not able to inspect. This is wasting another week for me. So I suggested to PM 1) Send a notice of inspection as we became aware of utility turn off (not allowed per lease) by giving tenant 24 hour notice based on the following Lease Term. Then inspect after the 24 hours by entering regardless of presence of tenant 2) Wait for the scheduled date (Friday) and if tenant not giving access, use the key to enter anyway to finish this inspection.
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"Denial of Access, Right of Access, Signage: Upon 24 hours advance notice to Tenant, Landlord and Landlord’s agents shall have the
right Monday through Saturday from 9:00 a.m. to 8:00 p.m. and Sunday from 1:00 p.m. to 6:00 p.m. to access the Premises to inspect, repair, and maintain the same and/or to show the Premises to prospective tenants and buyers. In addition, Landlord and Landlord’s agents may enter the Premises at any time to investigate potential emergencies. Evidence of water leaks, fire, smoke, foul odors, sounds indicating the possibility of an injured person or animal and other similar evidence of an emergency shall all be sufficient grounds for Landlord and Landlord’s agents to enter Premises and Property for this purpose."
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I asked the PM to be prepared that Tenant not there to give access Friday and I instructed them to inspect after they ascertain the tenant is not giving access. There is nothing in the Lease that mandate tenant must be present at inspection but PM said "The tenant has agreed to provide us access for the inspection. If she does not, we charge her a trip charge. We will not be entering the property without the tenant present." Yet PM is not providing any plan of action after that. Is this violating the law to enter the property without tenant present, assuming at least 24 hour notice is given?
How do you suggest I take control of the situation? I know I am dealing with a PM that is not actively seeking solution to protect my interest in a messy end of the tenancy.
Thank you.