Notice for repair

Member since 2023 · 3 posts · 0 votes

Hi everyone! Thanks in advance for your help. Does anyone have a need to repair notice they can share? Also I have a tenant who is not answering calls or texts so I am planning to post this notice 24 hours before entering the property. What do I do if tenant still refuses entry? Change gate locks? Does anyone have a lawyer they can recommend? Thank you!

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Quote from @Michelle Kuo:

https://dcba.lacounty.gov/portfolio/landlord-entering-your-u...

The law requires you to give notice. It does not require you to get permission.

Landlords are allowed to enter to perform maintenance, conduct inspections, or show the home to potential buyers/renters. If the Tenant refuses entry, you can terminate their lease for refusing entry.

I try to give them at least 24 hours notice and I try to accommodate their schedule, within reason. For example, I will contact the Tenant and offer them a couple different times on a couple different days. If none of those times work, I tell them I will come in using my key and conduct the repair without them present. That's completely legal and they have to allow it.

For the Tenant that refuses to communicate, I would post a notice on their door with the day/time you will be there. Let them know you are coming in and that the law requires him to allow access. I would also include a demand that he respond to future communication or you may terminate his lease. When Tenants refuse to communicate with me, I terminate their lease and get rid of them. I know it's hard to do in California, but lack of communication is the first step towards major problems.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Michelle Kuo:

Hi everyone! Thanks in advance for your help. Does anyone have a need to repair notice they can share? Also I have a tenant who is not answering calls or texts so I am planning to post this notice 24 hours before entering the property. What do I do if tenant still refuses entry? Change gate locks? Does anyone have a lawyer they can recommend? Thank you!

https://dcba.lacounty.gov/portfolio/landlord-entering-your-u...
The law requires you to give notice. It does not require you to get permission.
Landlords are allowed to enter to perform maintenance, conduct inspections, or show the home to potential buyers/renters. If the Tenant refuses entry, you can terminate their lease for refusing entry.
I try to give them at least 24 hours notice and I try to accommodate their schedule, within reason. For example, I will contact the Tenant and offer them a couple different times on a couple different days. If none of those times work, I tell them I will come in using my key and conduct the repair without them present. That's completely legal and they have to allow it.
For the Tenant that refuses to communicate, I would post a notice on their door with the day/time you will be there. Let them know you are coming in and that the law requires him to allow access. I would also include a demand that he respond to future communication or you may terminate his lease. When Tenants refuse to communicate with me, I terminate their lease and get rid of them. I know it's hard to do in California, but lack of communication is the first step towards major problems.
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Michelle Kuo
OP
Member since 2023 · 3 posts · 0 votes
3y
Thank you so much for your help! Really appreciate it!
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Bill J FayPro Member
Lender · San Diego · Member since 2023 · 216 posts · 209 votes
3y
Nathan provided great insight. I would just like to add that you should see what your lease says. Usually there is verbiage that you both agreed to in the lease that should guide you here.
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Mackaylee BeachPro Member
Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 494 votes
3y
If the tenant is refusing entry - I would 1: issue a lease violation 2: issue 24hour notice of entry.
I would review the lease and make sure there is verbiage that you have access to the property whenever required.
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Michelle Kuo
OP
Member since 2023 · 3 posts · 0 votes
3y
Thanks for reminding me to check the lease. I did have it there! Just posted the notice so hopefully goes well.
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Susan Kelley
Real Estate Broker · Atlanta · Member since 2023 · 9 posts · 0 votes
3y
Quote from @Nathan Gesner:

Quote from @Michelle Kuo:

Hi everyone! Thanks in advance for your help. Does anyone have a need to repair notice they can share? Also I have a tenant who is not answering calls or texts so I am planning to post this notice 24 hours before entering the property. What do I do if tenant still refuses entry? Change gate locks? Does anyone have a lawyer they can recommend? Thank you!

https://dcba.lacounty.gov/portfolio/landlord-entering-your-u...
The law requires you to give notice. It does not require you to get permission.
Landlords are allowed to enter to perform maintenance, conduct inspections, or show the home to potential buyers/renters. If the Tenant refuses entry, you can terminate their lease for refusing entry.
I try to give them at least 24 hours notice and I try to accommodate their schedule, within reason. For example, I will contact the Tenant and offer them a couple different times on a couple different days. If none of those times work, I tell them I will come in using my key and conduct the repair without them present. That's completely legal and they have to allow it.
For the Tenant that refuses to communicate, I would post a notice on their door with the day/time you will be there. Let them know you are coming in and that the law requires him to allow access. I would also include a demand that he respond to future communication or you may terminate his lease. When Tenants refuse to communicate with me, I terminate their lease and get rid of them. I know it's hard to do in California, but lack of communication is the first step towards major problems.

In Troy, NY, a policeman told me no one may enter my tenant's apartment, without tenant permission, no matter what the circumstances. New York State property law reform of 2019 removes many rights landlords took for granted. I'm worried about marketing the property for sale, without my disagreeable tenant's permission, no matter how "reasonable" my notice may be, even a week ahead of time. I'm struggling to grasp the new requirements for compliance in Upstate New York. Its my understanding California Tenant Law has changed substantially, if not similarly.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y

That's not true. Police are not experts on Landlord-Tenant law. You shouldn't rely on them for legal advice.

Here's a handbook published by the New York Department of Housing: https://www.nyc.gov/assets/hpd/downloads/pdfs/services/abcs-...

Your answer is clearly stated on Page 3. You can also look at page 25 and find government offices to contact with your specific questions. I also recommend you get your hands on a copy of state law, print it off, read it, highlight it, and ensure you know more than your Tenants.

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Susan Kelley
Real Estate Broker · Atlanta · Member since 2023 · 9 posts · 0 votes
3y
Thank you! I hear ya. Whether wrong or right, I decided arguing with the police wasn't in my best interest. Do you have a link I may refer to for New York State? It seems there's important differences between NYC law vs. state law.
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Gina Cardarella
Rental Property Investor · Los Angeles, CA · Member since 2019 · 112 posts · 38 votes
3y
Quote from @Michelle Kuo:

Hi everyone! Thanks in advance for your help. Does anyone have a need to repair notice they can share? Also I have a tenant who is not answering calls or texts so I am planning to post this notice 24 hours before entering the property. What do I do if tenant still refuses entry? Change gate locks? Does anyone have a lawyer they can recommend? Thank you!

Dennis Block Atty is the leader in los angeles for awful tenants AOA will be here on oct 19 and he will be there speaking along with other atty
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