Fastest way to get access to rental to do major necessary repairs

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
2y
Quote from @Stephen Homes:

A tenant of mine is refusing contractor to come in for major repair, although I notified her a week in advance. What is the fastes legal action to take in NJ to get access to the rental house? 


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

When I give notice, I tell the tenant that I (or the contractor) will enter the home on [DATE] at [TIME] and will be there for approximately [# of HOURS] to complete the work. If tenant wants to be there, they are expected to provide access. If they fail to allow access, they are charged a $100 trip charge fee.

If their schedule doesn't allow them to be there, then I will open the home for the contractor.

I try to respect the tenant's schedule, but I also expect them to respect mine and the contractor's. If they want to live in a well-maintained home, they will comply.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Stephen Homes:

    A tenant of mine is refusing contractor to come in for major repair, although I notified her a week in advance. What is the fastes legal action to take in NJ to get access to the rental house? 


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

    When I give notice, I tell the tenant that I (or the contractor) will enter the home on [DATE] at [TIME] and will be there for approximately [# of HOURS] to complete the work. If tenant wants to be there, they are expected to provide access. If they fail to allow access, they are charged a $100 trip charge fee.

    If their schedule doesn't allow them to be there, then I will open the home for the contractor.

    I try to respect the tenant's schedule, but I also expect them to respect mine and the contractor's. If they want to live in a well-maintained home, they will comply.

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  • Laura Stayton
    Property Manager · DE · Member since 2023 · 248 posts · 133 votes
    2y
    Quote from @Stephen Homes:

    A tenant of mine is refusing contractor to come in for major repair, although I notified her a week in advance. What is the fastes legal action to take in NJ to get access to the rental house? 

    In Delaware we are required to give the tenant 48-hour written notice of entry (sent by certificate of mailing) unless they agree to something earlier.  The exception is if it's an emergency and then we can enter anytime.  So check the landlord tenant code where you are to make sure you comply.

    Good luck
    1Reply
  • Stephen Homes
    OP
    Member since 2021 · 35 posts · 15 votes
    2y

    Thank you Nathan and Laura. 


    I forgot to mention that the tenant is stating that the contractors must move the unit at 5PM. 

    Can the contractor legaly continue working after 5PM? It seems the contractor might need to say until 6:30PM.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Stephen Homes:

    No.

    Again, you are required to give notice, not get permission.

    Contractors have lives and they work specific hours. If your tenant demands they work outside of those hours, then they have to pay the extra cost the contractor may charge for after-hours work (typically 50% more).

    I recommend you take control of the situation. Tell the tenant what their options are and they can either accept it or you can go in without them.

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  • Stephen Homes
    OP
    Member since 2021 · 35 posts · 15 votes
    2y

    Thank you Stephen. The tenant finally agreed to let the contractors in, BUT tenant is stating that the contractors must move out of the rental unit at 5PM.

    Can the contractor legaly continue working after 5PM? It seems the contractor might need to say until 7PM (before sunset). Contractor is okay to continue another day, but he will charge for 2 days

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Stephen Homes:

    No. Are you reading my previous posts? YOU DO NOT NEED PERMISSION FROM THE TENANT!

    Try to accommodate their schedule, but do not incur additional expenses. Do not let the tenant dictate what happens with your property. You have to give "reasonable" notice, which is typically 24 hours, and you should tell the tenant what time you will be there and for how long.

    You are giving notice; you are not asking for permission.


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