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Updated over 5 years ago on . Most recent reply

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Christopher James
  • Investor
  • Too Cold, MN
1
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8
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Can I charge a tenant for a civil standby fee?

Christopher James
  • Investor
  • Too Cold, MN
Posted

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. 

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28,167
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,256
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28,167
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

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.

  • Nathan Gesner
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