Can I charge a tenant for a civil standby fee?

Question

I have a situation at a rental where the tenant locked me out.  He changed the garage entry code and keeps the storm door locked (no key) which doesn't allow me to use my key at the front door.  Those are the only two points of entry to the unit.  I've sent him a lease violation notice under (change of locks/codes, and right-to-entry) clauses to remedy the situation.  The tenant has threatened me before in the past over text messages but has been civil in person.

I was going to give notice to enter the unit and schedule a locksmith (to open the storm door) and hopefully change the lock in the storm door so we can both have keys, and schedule a police officer for a civil standby.

The lease allows me to have a code to the garage, right to entry, and charge the tenant for the fees associated with me entering a unit if he locked me out.  Does anyone want to provide guidance if I can also charge the tenant for the civil standby fee ($140 for two police officers).

If this route fails, I'll terminate his lease with notice and proceed to evict. Thanks for any guidance on the issue.

Nathan Gesner · Answer

Packing a Sig Sauer .45 on my hip doesn't cost anything and I'm not afraid to shoot someone, if necessary and legal. I wouldn't pay for a civil standby unless the tenant had already exhibited threatening behavior.

EDIT: I forgot to answer your question.

The general rule of thumb: you can charge anything you want but not everything will stand up in court. Charging for the civil standby is probably questionable, at best. If you charge it and the tenant contests the charge, you could tell him you'll waive it in an effort to make peace or you can hold out to see if he sues you. Personally, I think it's enough that you're charging him for the lock changes.

Christopher James · Answer

As an update. The civil standby and locksmith got me a key to the locked storm door.  The tenant was present and didn't cause a problem.  Since the locksmith didn't need to open the locked screen door, I didn't charge the tenant anything.  Tenant hasn't been an issue now for 2 months and clearly understands I'm not putting up with a lease violation.  We'll see if he earns a renewal next year.

Grant Delmonte · Answer

When you give a notice, do you have reason to believe that he will be violent? This is the only reason I found an officer there. Also, I don't think you can charge them, but I must admit that this is something I am not familiar with.

Christopher James · Answer

I totally agree with you Mike.  I work around my tenants as much as possible. What I don't like is when the tenant's only availability is about a 1-2 hour window only 1 or 2 days a week.  It makes it very difficult to manage and if I can't even access it during an emergency that's a safety issue.

Chuy Gonzalez · Answer

Terminate the lease now. this guy is gonna be a big pain in your ass until you get rid of him.

Mike McCarthy · Answer

For what it’s worth, I always offer for the tenant to be there when I’m there or have a contractor in. I’ll work with their schedule (a bit) to help them if they really want to be there.

Most tenants are trusting - probably more trusting than they should be, but I have no issue if they want to be in their home when I’m there.

While it’s my asset, it’s still their home and I try my best to give them that understanding.

Christopher James · Answer

The property is in MN.  Other than the lease the general rules for MN are as follows for entry into a unit.

1. Showing the unit to prospective tenants

2. Showing the unit to a prospective buyer or insurance agent.

3. Performing maintenance work

4. Showing the unit to state or local officials inspecting the property

5. Checking on a tenant causing a disturbance within the unit.

6. Checking on a tenant the landlord believes is violating the lease.

7. Checking to see if a person is staying in the unit who has not signed a lease.

8. Checking the unit when a tenant moves out.

9. Performing housekeeping work in a senior housing unit.

I basically have to give a minimum of 24 hr written notice or under an emergency clause. I would be using the #3 for maintenance and #6 since I'm checking on that I can get in to the unit since he locked me out.  So I'm in my legal right to do so and giving him 2 weeks notice to think about his actions is more that sufficient if I ever end up going to court.  I wasn't able to finish my spring maintenance either last week since I couldn't get into the interior of the property to get to the utility room.

I would just end the lease but he's been there 4+ years and generally hasn't been a problem except for entry into the unit.  He keeps the place clean and pays rent by the 5th most of the time.  He just always makes it a point to be there when I do maintenance.  He even missed work so I could fix a toilet handle of all things.  I've let that slide and have worked around his schedule other than one emergency over a water leak he wouldn't communicate over about the status.  So I went into the unit under "emergency" rules about 18 months ago.  I'm assuming that's when he changed the garage code on me.

I figure, if I need the locksmith to open the storm door, I'll charge him for that otherwise I'll eat the cost of the civil standby to make my point.

Hubert Kim · Answer

I strongly suggest reading your local laws regulating landlord entry. Do you have a specific reason for entry or are you only trying to gain potential access because the locks were changed? Since I am not familiar with the location of your property, I can only give you information regarding your situation if it were in California. The following may or may not apply to your situation, but I am using it as an example to illustrate that you may not be withing your right to simply change the locks.

In California, entry by landlord is restricted to:

• To respond to an emergency that threatens life or property.
• To make repairs or alterations that are necessary or that you have agreed to.
• To show the place to potential buyers, tenants, or repair workers.
• If you have given permission to enter.
• If you have abandoned the premises, or your landlord has obtained a court order.

The correct way to proceed would be to notice the tenant and document that the tenant refuses to comply with your lease regarding the locks. Next, a 3 day notice to cure or quit should be used. If the tenant does not "cure" the situation by giving you the ability to have access, eviction would proceed.

I understand your frustration as you are just trying to correct the tenant's wrongdoing. Let us know how it turns out and good luck!

Christopher James · Answer

He's threatened via text and I know he owns a gun at the property.  He's pulled the racist card and accused me of stealing.  I figure having a civil standby wouldn't hurt.  The locksmith charge is $85 if I need them to get in through the front door.  I'm just assuming he won't allow me in if an officer isn't there.

The guy just isn't acting rational even though he's been in the property for 4+ years and these issues are slowly escalating.  He won't get to renew his lease, I'm just trying to finish out this last year without evicting him.  He keeps the place clean and pays rent but I need access to the place and so far he hasn't budged.

Can I charge a tenant for a civil standby fee?

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