Legal or illegal entry into premises?

Question

(Property is in Missouri.) We have a tenant whose power was just turned off. At the moment, I don't know if he is still there or not, and he does not answer the phone. Can we enter to empty and open the refrigerator, so we won't have to replace it due to rotten food?

Background: This is already a problem tenant. He hasn't paid rent since February, but he's still in possession because the courts have been closed. In April, the power company sent the power bill to our property management company. The property management company called the power company. I don't know what was said. Due to COVID-19 and the CARES Act, the power company won't immediately turn the power off. They sent two letters to the address and requested a response. After two months and without a response, they turned the power off. Now, we the owners may have rotting food. Can we legally enter?

Account Closed · Answer

Unless you are wanting to take a trip, I'd call the local police and ask for a "wellness" check. Just tell them your tenant won't respond and the power company has turned off the power. You are concerned for their safety. Another thing you can do is hire an Uber driver to drop by and try to sell the tenant a magazine subscription. If the tenant answers the door you know he is okay and who knows, maybe he will buy a subscription to "Going Places" and simply move.

Sharlene Mulchandani · Answer

@Ann B. I would suggest giving them a 24 notice before entering the property. On the other hand, since you do suspect that they have abandoned the property and have reasonable evidence, since their power has been cut off; you should be able to legally enter your property - to gather evidence if they have abandoned your property or not.

Ann B. · Answer

Account Closed. I loved your suggestion on the subscription to "Going Places." LOL

The apartment is on the second floor, so unfortunately we can't easily look through the windows. Per request, the property management company did an inspection in early May and said the unit was still full of furniture. Because the power was still on, I guess they determined it wasn't abandoned. I don't think they ever had contact with the tenant though. Yeah, maybe there's a few more questions that I need to ask of the management company. I'm learning that some tenants will move out, take only their clothes, and leave all the other crap behind.

Nathan Gesner · Answer

Account Closed excellent answer! LOL!

You may want to look for another property management company.

If a tenant does not pay, I at least drive by the property to see if it appears occupied. If I'm not sure, I may knock on the door. If nobody answers, I'll peak through the window. Still can't tell? I post a notice that I will be back for an interior inspection the following day. I would continue that at least once a month just to verify the person still occupies.

In your case, the tenant may have left three months ago. You could have taken the property back, cleaned it up, and collected rent for 2-3 months and dramatically cut your losses. Either you left out some critical details or your property manager is not doing you any favors.

Bjorn Ahlblad · Answer

@Ann B. I think you can say that it is. The tenant might be a corpse at this point-right? Power has been turned off, tenant has not responded; you fear for his safety. Why not?

Ann B. · Answer

@Bjorn Ahlblad. Is this considered an emergency?

Theresa Harris · Answer

Post a notice on the door giving them proper notice that you are entering at a set date and time. Usually 24 hours' notice is required, but check your lease and local laws. Then enter the property. If it was an emergency, 24 hours' notice is not required.

If at that time it looks like it has been vacated, I'd change the locks.

Bjorn Ahlblad · Answer

@Ann B. you absolutely can provided you have given the tenant 24 hours notice. Or, if there is an emergency. All the best!

Legal or illegal entry into premises?

Legal or illegal entry into premises?

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