Landlord Right to Enter - Tenant not acknowledging 24-hr. notice

[Lori N.]

Hi all!

My tenant put up a satellite dish on the roof without my permission just DAYS after I had just put up a new roof on the property. Of course this had to be bolted into the roof so when he leaves and takes the dish there will be holes in the roof that I would have to repair. I have told him that he needs to take the dish down and will be responsible for any repair costs. I have found a contractor who can do the repair and the contractor wants to come see the roof tomorrow. The contractor does not have to enter the house, just inspect the roof. I have sent the tenant multiple emails three and four days before this inspection is to take place to notify him of the contractor coming but the tenant is not responding to the emails.  The tenant has been a pain to deal with on other issues and I'm pretty sure he does not want the inspection to happen as he knows he will be responsible for the repair. Although my property manager has given more than 24-hours notice, I have no proof that the tenant actually received the notice because he has not responded. The lease just says that the landlord has to give 24 hours notice, but does this mean that the tenant has to acknowledge receipt of the notice?  I know that the tenant does not have to give "permission" if I'm doing repairs but does he have to acknowledge that he received the notice?  And if he does have to acknowledge it but never dose, what is my recourse? 

Could the tenant say that I did not have the right to enter because he never read the email?

[Victor N.]

If you have the dish removed and the damage repaired, what could the tenant do based on an argument that he lacked notice? Claim trespass?? The police and the courts would most likely laugh at them assuming your lease prohibits satellite dishes or modifications without your consent. I suppose that the tenant could argue that they could have had it done cheaper. If so, I would just reduce the bill to the claimed amount. If this was my property, I would have contractor out there tomorrow and send the tenant the bill. Then apply the first funds to the repairs and give notice to quit or pay if they do not pay in full. Start eviction as necessary. I am not practicing as an attorney nor am I licensed in your state so this is business advice not legal advice. Consult your own counsel.