Tenants Calling Cops on Owners

[Chris G.]

Weird situation and question. Manage home that sits on a lot of acres and quite rural, tenants have security cameras up around the house. They called me yesterday and said someone was at the house and trying to get inside and looking around the property (at that time I didn't know who it was and neither did the tenants) because no one was home the tenant called the cops. Later found out it was the owner which gave no notice to me or the tenants about randomly showing up (the owner going to the property has happened numerous times even after telling them they cannot do that and need to give me or the tenants notice ahead of time, somehow they don't comprehend that). In my state it says the landlords or management have to give reasonable amount of time which they consider to be 12 hours we usually give 24. One question I have is does the "land" require notice if the owner decides they want to just show up?  The second question is can the owner just show up for no reason, it's not like they're there to fix something or inspect the property they'll just show up and start complaining how the tenants aren't keeping it exactly how they like. 

[Cory J Thornton]

@Chris G. - This is something you will absolutely need to reconcile against your state laws. If you have a good attorney relationship, it may be worth sending them a quick email asking for some clarity/advice. A few hundred bucks to be very well informed and 100% confident you are on the side of the law is a worthwhile investment. 

That said, my default is always to go back to the lease. Was the land included in the lease with the home? If the tenant is paying for the right to access and enjoy the land along with the home, then I think there is a case for the owner needing to give notice before showing up. If the lease separates the home from the land then the owner may have access to the land, as long as they stay away from the house.  We have a bunch of homes on farms that we manage. We try to make sure we outline what land is included with the lease, and set the expectation in writing what kind of access the owner or farmer will have to the surrounding property at all times. 

Many states have some sort of laws and most leases have terms that grant the tenant a "quiet right to enjoyment." If the owner is not careful they could be violating that tenant right. 

Personally, if I had clear documentation that the owner should not be on site without notice, and I had it in writing informing the owner of this term, and they continued to ignore the clause, then I may find it necessary to part ways with that client.  

Property management never has a dull moment. Best of luck in this situation!