Does anyone know if a House-Hacking landlord can enter a tenant's room?

Does anyone know if a House-Hacking landlord can enter a tenant's room?

Homeowner · Denver, CO · Member since 2018 · 11 posts · 3 votes

I rent out the extra bedrooms in my house.  I have a nightmare tenant who is moving out in 8 days (can't come fast enough!).  

She is not staying here tonight and she has left all of her lights on and her blinds are fully open so you can see into her room from the street.  She has boxes stuffed full of possessions stacked up near the window.  To me, this poses two threats:

1. The lights, especially the lamp, could start a fire since they have been on for 16+ hours and I am the only person in the house and I will be going to sleep.  

2. The well-lit room full of possessions, completely visible from the street, would be a very tempting loot for a 3am passerby.

Recently, she and I have had all sorts of drama about entering her room.  I went in there to feed her cat because he was pawing at the door for hours. Turns out his auto feeder had not been plugged in so he was without food for two days (animal abuse?).  While in there I cleaned up the feces, vomit, and urine on the floor.  More recently, I moved some of her boxes of personal items into her room because she had left them stacked in the common living room for over a week and I had a guest coming over for whom I wanted to tidy up. While I was in there I turned off the light that had been on for three days (I cover utilities).  That was yesterday, and this morning she threatened me with legal action if I go into her room again.

I'd really like to turn off her lights before I go to bed, but I can't give advance notice, and if I ask her for permission she will 100% say no. 

Are the two points mentioned above good enough reason to constitute an 'emergency' or sufficient reason to enter her room? I know this isn't a legal forum but perhaps someone here has dealt with this before.

This is in the Denver, CO area.

Thanks in advance!

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Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
3y
Quote from @Theresa Harris:

You need her permission.  

Not in Colorado: “Given that the state lacks statutory guidance on the issue, landlords in Colorado are technically able to enter properties at any time without permission. As such, landlords and tenants must agree on entry notification policies in the lease.”.

 So, what does your lease say? 

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  • Investor · Baton Rouge, LA · Member since 2019 · 184 posts · 167 votes
    3y

    https://www.apartments.com/ren...

    "Required Notice before Entry: No statute"

    This means you can enter at any time, for any reason, with or without an advanced notice.  Since you don't owe this person any type of courtesy, I would say you are safe, but this is not legal advice :)

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    You need her permission.  If the light was on for 3 days last time, and she left it on again-is there anything else plugged in?  You can't turn the breaker off as you mentioned the cat feeder is plugged in and this would result in the cat not being fed.  maybe you will get lucky and the light bulb will burn out!

  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    3y
    Quote from @Theresa Harris:

    You need her permission.  

    Not in Colorado: “Given that the state lacks statutory guidance on the issue, landlords in Colorado are technically able to enter properties at any time without permission. As such, landlords and tenants must agree on entry notification policies in the lease.”.

     So, what does your lease say? 

  • Salt Lake City · Member since 2021 · 42 posts · 18 votes
    3y

    Yikes. Sounds fun. Was that tenant always like that and what background check/tenant screening did you do? Just curious. 
    Whenever I run the idea of renting out rooms, my wife kindly reminds me about stories like this. 

  • Ben RhodinBusiness Member
    Realtor · Denver, CO · Member since 2020 · 338 posts · 331 votes
    3y

    Hey @Will Carson! There is no state statute on this matter, however, refer to your lease and what it says. If it is a pretty standard lease, it should state with advance notice, unless it is constituted an emergency and you need to enter for safety and/or other concerns for the property. This is unfortunately up to your own interpretation, and a court's interpretation if she did choose legal action. If anything I would text them stating the concerns and issues, and if they say no, you then have a record of why you were entering the premise. That way you can show her unruliness. Also, one thing to note. Everything is much more landlord-friendly when you are renting space in your own home. So I wouldn't worry too much.

  • Homeowner · Denver, CO · Member since 2018 · 11 posts · 3 votes
    3y
    Quote from @Troy P.:

    https://www.apartments.com/ren...

    "Required Notice before Entry: No statute"

    This means you can enter at any time, for any reason, with or without an advanced notice.  Since you don't owe this person any type of courtesy, I would say you are safe, but this is not legal advice :)


     I did not know apartments.com had such a resource. Thank you!

  • Homeowner · Denver, CO · Member since 2018 · 11 posts · 3 votes
    3y
    Quote from @Theresa Harris:

    You need her permission.  If the light was on for 3 days last time, and she left it on again-is there anything else plugged in?  You can't turn the breaker off as you mentioned the cat feeder is plugged in and this would result in the cat not being fed.  maybe you will get lucky and the light bulb will burn out!

    Actually, my lawyer responded and said I can enter to turn off the lights. I also know that in Colorado it is very illegal to shut off utilities, even if the bill hasn't been paid, so I won't be going there!
  • Homeowner · Denver, CO · Member since 2018 · 11 posts · 3 votes
    3y
    Quote from @Anthony Salazar:

    Yikes. Sounds fun. Was that tenant always like that and what background check/tenant screening did you do? Just curious. 
    Whenever I run the idea of renting out rooms, my wife kindly reminds me about stories like this. 


    For the first month, she was fine.  It went downhill slowly after that, and at month 6 (last month) things went off the rails.  It's at least partially my fault for being too lax with my screening process.  I thought that since she is in her 30s, in grad school, decent credit, clean record, and steadily employed, it would be fine.  Wrong!  In the future I will most likely require referrals.  I have a strong suspicion this is not the first time she has been in this situation (I recently learned she only lived at her previous place for 4 months).

  • Homeowner · Denver, CO · Member since 2018 · 11 posts · 3 votes
    3y
    Quote from @Ben Rhodin:

    Hey @Will Carson! There is no state statute on this matter, however, refer to your lease and what it says. If it is a pretty standard lease, it should state with advance notice, unless it is constituted an emergency and you need to enter for safety and/or other concerns for the property. This is unfortunately up to your own interpretation, and a court's interpretation if she did choose legal action. If anything I would text them stating the concerns and issues, and if they say no, you then have a record of why you were entering the premise. That way you can show her unruliness. Also, one thing to note. Everything is much more landlord-friendly when you are renting space in your own home. So I wouldn't worry too much.


     Thanks for the reply! My lawyer finally replied (I forgot monday was a holiday for some people) and said I can enter to turn off the lights, and he had already reviewed our lease, so that's that. Lights are now off :)

  • Flipper/Rehabber · Anchorage, AK · Member since 2017 · 223 posts · 177 votes
    3y

    6 days left - hang in there. I hope she doesn't try to pull any more shenanigans but always be on the lookout!

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y
    Quote from @Will Carson:
    Quote from @Theresa Harris:

    You need her permission.  If the light was on for 3 days last time, and she left it on again-is there anything else plugged in?  You can't turn the breaker off as you mentioned the cat feeder is plugged in and this would result in the cat not being fed.  maybe you will get lucky and the light bulb will burn out!

    Actually, my lawyer responded and said I can enter to turn off the lights. I also know that in Colorado it is very illegal to shut off utilities, even if the bill hasn't been paid, so I won't be going there!

     For the breaker, I was more thinking just for the night to turn the light off.  Hopefully she leaves quickly and quietly.

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