If you are a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or showings to prospective tenants or buyers as long as you follow the applicable laws and lease agreements. Tenants’ rights to privacy should be respected, and they should be informed of your intentions before you enter the property. By following these rules, you can keep up a smooth relationship with your tenants and fulfill your obligations as a landlord.
Even if you own the property, you may still be subject to trespassing charges in certain instances. Examples of these situations include:
- Lease Agreement Violations: Trespassing charges may be brought against you if your lease agreement with the tenant contains terms for access to the property and you break those terms. The tenant may consider it a breach of contract if you enter the property without proper notice or for a legitimate reason stated in the lease.
- Tenant’s Rights Violations: The right to privacy and exclusive use of one’s rental property exists for the duration of the lease. If you enter the property without notice, significantly interfere with the tenant’s peaceful enjoyment, or harass the tenant, it could result in legal issues, including trespassing charges.
- Lockouts and Unlawful Eviction: Trespassing charges may result from an attempt to physically remove a tenant from the property without adhering to the proper legal eviction procedures. Without a valid court order, locking a tenant out of their rental unit is illegal.
- Criminal Intent: Like any other unauthorized person, you can be charged with trespassing if you enter the property intending to steal, damage, or engage in any illegal conduct.
- Local Laws and Regulations: Different jurisdictions may have different laws governing landlord-tenant relationships and property access. Local regulations may impose requirements on landlords, and failure to comply could result in trespassing charges.
Avoid Potential Trespassing Charges
It’s important to know the local laws and regulations that affect landlord-tenant relationships, to treat tenants fairly, and to always adhere to the terms of the lease agreement. To avoid disputes and legal issues, it is essential to provide proper notice to tenants before entering the property for legitimate reasons, such as maintenance or inspections.
Ultimately, you should respect your renter’s possessory rights. Your home is still theirs even though you own it. You are not allowed to enter the property without notice or good reason just because you own the property. A proper notification of upcoming entry must be submitted. Depending on your state’s laws, illegal entry can carry a fine of several hundred dollars or even jail time.
You should consult a real estate and landlord-tenant law expert if you have any questions or concerns about your legal rights and responsibilities as a landlord.
Real Property Management Bay Area uses proper notice and communication with its tenants for routine maintenance, repairs, and property evaluations. We also keep you updated on every aspect of your rental property. Everything moves quickly and smoothly, and all property laws are strictly followed. Contact us or call us at 650-696-1800 for more details on how we can simplify your life in Daly City and the surrounding areas.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.