Tenants Calling Cops on Owners

Tenants Calling Cops on Owners

Member since 2021 · 132 posts · 37 votes

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. 

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Cory J ThorntonBusiness Member
Real Estate Agent · Raleigh, NC · Member since 2021 · 240 posts · 281 votes
3y

@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! 

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  • Cory J ThorntonBusiness Member
    Real Estate Agent · Raleigh, NC · Member since 2021 · 240 posts · 281 votes
    3y

    @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! 

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    3y

    Are they going in the house? That is big no no. Just driving on the property seems like  grey area. They should still give notice that they will be there.

    If they have you as a PM, they should also be going through you.

  • Member since 2021 · 132 posts · 37 votes
    3y

    @John Underwood Yes they somehow accessed the inside when tenants were home and called me to complain about the home being dirty and sent me pictures. I told them they cannot be in there especially without notice. I do agree the land is a grey area since the owners do have access but I still think they should let me know ahead of time. 

  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    @Chris G. I know some owners think they can just go there whenever the please just because the “own” the property, but there are laws of quiet enjoyment for the property the tenants are renting. You can not just go inside of the home without proper notice, unless it was an emergency, like fire, flood etc…

    Put the owner on notice and give them a copy of the statute that states this, hopefully that helps!

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    If I was the PM this would be grounds to fire them as a client.... they have zero rights to enter that unit without prior notice. 

    I would have a "Come to Jesus" meeting with the owner..... you follow the lease and the law, or .you find another PM.

    As to a large property, thats a bit more "gray"...... as long as the owner isnt snooping around the actual building and close outdoor living areas the tenants use, then I wouldn't be as upset with the owner

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y

    Aloha,

    I would inform the Owner, in no uncertain terms, that entering the house is grounds for immediate termination on your part, as well as criminal complaint by the Tenant.

    Clearly the Owner has "trust" issues. I always recommend to Owners that if they want to personally have a look in an occupied property, I will schedule a time with the tenant for an "inspection" by the insurance company, and I will accompany them.

    What if the Tenant arrived home and found the Owner inside? There are a lot of ways that could go, none of which is good.

    I generally send annual interim inspection, interior, pics to keep Owners informed...

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Chris G.:

    As a Property Manager, you should have a clear, written policy on this and train your owners on what is allowed and what the process is.

    1. Most states are clear that a PM/Landlord has the right to enter the property - with notice - for inspections, maintenance, or showing to a potential renter or buyer. They do not require permission. Some states require a specific amount of notice, like 24 or 48 hours, while other states only require "reasonable" notice. The visit should be planned, it should take place at a reasonable time (not 9pm or 8am on a Sunday), and you should let the Tenant know the purpose of the visit.

    2. The land is not a "grey" area. The Tenants are renting the property, not just the house. The Landlord must give proper notice before entering the property, which would include walking the land.

    3. If the Landlord entered the home, they violated the law and your Tenants could have them charged with trespassing.

    4. Your Landlord is not their mother and can't dictate how people clean. As long as the Tenants are not causing damage to the home, attracting pests, or interfering with their neighbor's right to quiet enjoyment, leave them alone.

    I would give the Landlord a copy of the law and a stern warning that any future visits must be coordinated through you, the Property Manager, and far enough in advance that you can give the Tenant proper notice. If he fights you or does it again, I would fire him on the spot and notify the Tenant before they come after you.

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  • Member since 2022 · 1k+ posts · 1k+ votes
    3y

    Old owner stuck in the past? Dementia?

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