eviction/my rights as a landowner

[Phillip Henry]

advice please. I have a tenant who texted me giving me a 30 day notice they would be moving out. We'll before her lease was up. When I told her she wouldn't retain her deposit she then told me she was staying and made comments that should may damage the propety. At that time I gave her 48 hours notice that I wanted to come inspect the apartment with a witness to take pictures to cover myself. Upon arrival I wasn't able to access the unit. Should I contact police? Will they assist me? Am I legally allowed to inspect the apartment as long as I give her plenty of notice? 

[Brandi Carballo]

Everything depends on the laws in your state. If you don't know the laws, contact an attorney for legal advise.

I can only tell you what I would do in that situation, which is based on the laws in my state.

If a tenant wants to move out, let them. They will only cause you more problems than you can imagine. In my state, if a tenant moves out before their lease is up, I can continue to charge them rent until I find a new tenant, I can charge them costs of acquiring a new tenant (such as advertising fees). You cannot just keep their deposit without a valid expense to charge to it. That could be rent owed, damage, etc. 

As for the inspection, as long I had given notice I would just go in. They don't have to be there and you don't have to ask permission.