Can’t enter rental unit - active water leak

[Jessica Wood]

Our NIGHTMARE TENANT has been given a 7 day notice to vacate. There is an active water leak coming from her apartment for the second time. We told her we’d be bringing plumbers by this morning. She ADDED A LOCK to the door so that our keys won’t work. How forcible can we get with our entry to the unit? All windows are shut and she lives on the second floor.

[Andrew B.]

The lock and your ability to enter are separate issues. States laws usually state that you cannot enter unless you provide 24 hours notice. Notice is usually not required in cases of "emergency." If there is a water leak, that should be classified as an emergency repair and justify entrance with less than 24 hours notice.

If you ever go to enter your property, emergency or not, and the tenant has changed the lock, you are within your legal right to have a locksmith come and change the lock on YOUR property. (Cost of locksmith should be billed back to tenant) You then post notice that lock has been changed and to contact you for a key. Any good lease should mention that tenant is not allowed to make modifications to the property. if yours does not, you may not be able to bill back the locksmith but you should still be within your rights to change the lock. as always, default to your local laws.