Hello, @Jim Cummings , thank you for providing this information. At least now I know that this is not addressed in the property code. I've dealt with a large number of evictions however an inconvenience and costly they may be. However this one in particular with the $700 water bill and the fact that it's a duplex so access to the unit is needed to address problems that affect the other side makes this interesting.
With that said the link you gave is a tenant rights site so I have to remain aware that it may be biased and it's a little unclear as it's a obvious gray area that still needs to be worked out. I would think that if landlords wanted to push forward an agenda to allow emergency access to their properties (for maintenance) then this situation would be a great example.
Normally when you have a tenant who threatens to harm the property, you have no proof that the action is taking place and you aren't able to prove it until it's too late and the tenant has already moved out and you regain access to the property. However in this situation, there is a sensor within the unit which is providing feedback to strange things that are taking place within the unit. This being the water bill and the outside meters and the outside spigots. When I turn off the water to the neighbor, the water on the vengeful tenant's side stops working. The tenant has taken the plumbing apart and altered it to their advantage. The neighbor feels terrorized as well. Also, due to the duplex nature of the property there is no clear property line and the attic is a shared space.
This is a interesting situation and I had to bring it up somewhere, the property does make money and should be able to afford within itself the damages caused. If I wasn't in school and also working right now, I would probably try and pump money into this legally to push the envelope on the legal system. You cannot have a system in place that never allows access under any circumstances, that doesn't make sense as the landlord has a interest in keeping the property safe with maintenance. Water can be a very destructive and costly element. Generally, all landlords want is to collect their rent and ensure that their property is unharmed.
Does anyone know what apartment complexes do in situations like this? Picture a leaking third floor which is causing extensive damage on the 1st and second floor. and the tenant on the 3rd floor does not allow access. The eviction takes 2 weeks to 2 months(depending on appeals, pauper, etc). I wonder how that plays out.
