Can I enter a tenant's apartment without notice?

[Nancy DeSocio]

Hello BP community!

I recently purchased a MFR and have a leak in the roof. The easiest access to the flat roof is from one of my tenant's windows. However, the tenant has been in the hospital since before I bought the property. When I call him, the calls go directly to his voicemail, and his inbox is too full to leave a message. In this case, do I have the right to enter the property without permission so that the roofer can easily access the roof? I could ask the roofer to bring a long ladder (it's a 3-story building), but he can easily just step out onto the flat roof from a window. I inherited a lease that is 12 years old and has no language about the landlord entering the apartment. Not sure if this is a legal question for an attorney or a "common sense" question to do what I think is best. I'd appreciate any thoughts other property owners have on this...thanks!

[Andrew B.]

You don't need tenants permission to enter YOUR unit. You only need to provide proper notice, according to your local laws. Usually, this means 24 hour notice. In addition, if there is an emergency, (I defer to fire, flood, and blood as my definition of emergency) you do not need to provide notice.

In your shoes, post notice on the door and take a photo with your phone (timestamp proof) and also leave a message on their voicemail, indicating your intent to enter to do roof work at XX time on XX day. You are then welcome to show up and open the doors for your roofer.