Originally posted by @Alan B.:
Update: my contractor took fault. He used a different brand of glue.
He went by to fix up the tenants place yesterday (Saturday) and from what he tells me she was rude and would not let him in. She sends me a text to tell him to go way and come back on Tuesday because she needs to get some sleep for work that evening.
I instructed her to let him in so we can make the necessary repairs, she still decides not to so her place is not fixed. I will be dropping off a notice tomorrow for her that reads like this: (Please tell me what you think)
"I or anyone who is contracted by me has a legal right to enter the property if a health or safety emergency exist, or if a repair needs to take place in order to protect the unit and to keep it in a safe and habitable condition.
Reasonable notice will be given if possible, but in some cases notice cannot be given ahead of time. You refusing entry to my contractors cost time and money and prevents us from keeping your place maintained properly. It benefits you as a tenant to let us make necessary repairs and to not make my contractors jobs any more difficult.
Being uncooperative only hurts you. If you like I can contact the housing commission as well as your case worker to inform them that the property is no longer in a livable and safe condition and at the moment I am unable to make the necessary repairs. This will result in you having to vacate the residence and having to search for another place to live, or you can cooperate and allow us to do our jobs."
I think the letter is a little harsh and threatening and could be reworded but I see your point too.
I understand both your position and the tenants. I would first try and take a more sensitive approach to the matter and try to come to an understanding with the tenant. The tenant is going through a lot with construction above and now damage in their own unit, which is most likely frustrating for anyone. However I do see your needs b/c the contractor most likely will not be able to accommodate her work/sleep schedule.
In my state you have to post a 24hr notice of entry unless the repair is considered an "emergency" but I am not sure which repairs would fall under those guidelines by your state. I do know pest control treatments fall under the guidelines here in KY which has been useful to me for unit inspection b/c my buddy owns a pest control company, just saying.
I don't believe I would state the unit is inhabitable to the housing commission b/c they might hold you responsible for her temporary re-location until its repaired. I am not positive about that but I have heard of similar things before.
It sounds like the tenant was awaken unexpectedly and was just upset. Maybe if you speak to the tenant again and let them know the contractor is coming daily at 8 a.m. or whatever until her unit is repaired it will work out.
If the tenant then refuses I would write a letter as follows (have it delivered certified so they have to sign for it):
Date/Time:__________
"Dear tenant,
Unfortunately for both of us there has been unexpected damages to your rental unit during construction being done in the upper apartment. These damages MUST be repaired immediately. We apologize for any inconveniences this may be causing but we are working hard to try to correct the issue. Unfortunately to do this my contractor must enter your unit during the required hours which are 8am-5pm. We would like to have your full cooperation allowing us to enter your unit to make repairs but it is not necessarily required. In the event you do not wish to cooperate with the entry of my contractor for repairs you will be denying me access to the property for emergency repairs, which is required by you under state law. In such case, me and/or my contractor have the right to enter for emergency repairs with or without your permission. These rights will be enforced, if need be, allowing us to enter the property and make repairs as needed.
In the event we cannot get your cooperation to enter and make repairs we will be forced to issue an eviction notice, therefore me and/or my contractor will entering for repairs on a daily basis anyway until repairs are completed while you are being vacated. We don't anticipate having to do an eviction and we would hate to take such drastic measures with our tenants but we would do so if we were only given that option as a last resort.
We hope you understand this difficult, yet mandatory, situation is out of our control as well, we have no choice. Hopefully we can get through this stressful time together, the sooner the better right..lol? This really isn't by choice for us either but we are trying to correct the issue and move past it with you. That is the reason we are writing you this notice, so you can expect the contractors arrival and you may make other sleeping arrangements while repairs are being made or plan around it.
We look forward to keeping you as a tenant and we value your dedicated cooperation.
My contractor will be here again in the morning at 8am on (date)."
Thanks and have a great day :)"
What do you think about the letter?
