How to visit tenants for inspection without notice?

Question

Can't find unauthorized tenants, pets, drug labs, etc. when I have to give 48 hours notice.

Marcia Maynard · Answer

Entering the unit requires proper Notice to Enter. But driving by the property or even walking up to the front door does not. There's much you can ascertain from the outside.

If it's a multiplex, then you'll have reason to be on the grounds, taking care of the common areas and landscaping. Amazing what you can hear, see, and smell when working outside under an window. Try a dog whistle (that humans can't hear) that will entice an unauthorized dog to bark. Ringing a doorbell is just as good. It can spark a bark or bring unauthorized occupants to the door when the tenant on record is out.

It's helpful to enter dwellings with proper notice, even if some things get tucked out of sight; it's amazing what is often still visible or odorous.

If there are children around, they are real good at spilling the beans about what's going on inside a unit. Chat up a conversation in a nonchalant way, when the adults are not in earshot, and see what you can find out.

Andrew Johnson · Answer

@Jack B. Well tenants and pets are one thing but drug labs are another.  That's a matter for the police.  And if you show up unexpectedly (no notice) banging on the door and there's an active drug lab in the unit, landlord or not, that's not a situation you want to find yourself in.  Well, it's not a situation that I want to find myself in.  As far as I know the required notice depends on the state as well as the stated reason for entry but it's generally either 24 hours notice or 48 hours notice.

Robert Gilstrap · Answer

If you are that bothered by all the things you mentioned then you must suck at tenant screening. Get better at that and sleep better at night. When maintenance is called for you use that opportunity to check things out but absent that if they are paying rent you mind your own business unless there is a legit problem.

BTW @Ralph R. although there may be a few state or local laws that force a foreclosing bank to continue to honor a lease the federal law covering this sunsetted Dec. 31, 2014. In general leases terminate at foreclosure.

Marcia Maynard · Answer

Ditto what @Linda Weygant says about having a legitimate reason to go to the property and responding in an appropriate way.

Regular inspections are necessary for good property management. Know what to look for. Furnace filters will not only show signs of a pet, but a yellow tinge can be a tell tale sign of smoking going on in the unit.

If you get a report of something going on at the property that's in violation of the terms of your rental agreement, you need follow-up on it. When you do regular inspections or at the unit for a specific reason, use your scoping skills and listen to your intuition.

Linda Weygant · Answer

I agree with Marcia.  You have to provide notice to enter, but you can walk up to the door and knock at any time during reasonable hours.  You can state that you had a complaint of an unauthorized dog and you're checking on that.  (I always tell the truth as much as possible.  Makes things much easier on you later).  Whatever you can see or hear from the front doorway is grounds for further questioning.

As long as you don't enter, you're fine.

If you feel like you want or need to enter based on what you see from the doorway, ask politely if you can use the bathroom.  Most people won't deny you that and you have been given permission to enter even though it wasn't proper notice.  Whatever you see while you are there, do not confront them about it while you are inside the property.  Step back outside before having a conversation.

Only do this if a complaint has been reported or you have actual reason/cause to suspect a lease violation.  Popping by for inspections with no grounds is a great way to get yourself sued.

I at least get a yearly inspection because I write it into my lease that I do an inspection before lease renewal.  On or around 45 days prior to the lease ending, I contact the tenant and ask if they would like to renew.  If so, I tell them that I will be over to inspect the property and bring the lease renewal for us to go over while I'm there.  I also bring a furnace filter and a toolbox to do minor repairs that they may not have called about so I can inspect and repair all at once.  If the inspection reveals lease violations, then I let them know that this is grounds for not renewing the lease.  I also bring a 30 day notice of non-renewal with me and just give them that instead of the new lease.

Changing out the furnace filter yourself is a perfect way to find out if there are pets in the unit as the filter will be full of pet hair, even if you don't see any other signs of a pet.

Brad Russo · Answer

For which purpose do you need to visit your tenants without notice? I think such things is some kind of disrespect. According to privacy policy it's incorrect

Michael Bracken · Answer

Ask the neighbors to keep an eye on the property. Give them your business card. They are already incentivized to snitch and will probably be your best source of information. Make sure to check your local and HUD laws.

Ralph R. · Answer

@Jack B.  when I enter your store voluntarily as a CUSTOMER (apple) I give up those rights to freedom if that's the store/your rules.  I walked in voluntarily.  When I am paying you rent  I have a contract with  with you (orange).  unless it spells out something differently  in that contract and it's legal in New York you gotta give notice. Check your land lord tenant laws. As to declaring an un autorized pet or somebody's girl friend an emergency, Id say good luck with that. I hope that works for you.  RR

Jack B. · Answer

Your argument is completely incorrect. I do have a right to enter, even without notice if I deem it an emergency to protect my property. It's state law. You have constitutional protections against the government, not private property owners. If I own a store, I can stipulate that you don't have a freedom of speech, right to bear arms, and that I may search you entering, etc. Constitutional rules don't apply to private property. While my examples in a retail context are extreme, I think you get my point.

I don't have to provide a probable cause affidavit and get a search warrant to enter my rental. The government does...You're comparing apples to oranges....

Furthermore, I didn't say I would barge in without any notice, just that I can't catch unauthorized pets, tenants, drug labs, etc. with a 48 hour notice in my state (24 hours to show to tenants, 48 hours to enter for other reasons, and no notice required in an emergency). I am legally allowed to enter without notice in an emergency to protect my property without notice. Water leaks, smoke, etc.

How to visit tenants for inspection without notice?

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