Can I Enter my Tenant's Apartment?

10 Replies

I am in an interesting situation with one of my tenants currently. Their electronic payment did not go through and as a result, they have not paid rent for November. I have contacted them by phone/text and even left the 10 day notice taped to their door, and still no word from them. We continue to call/text regularly with no responses. My question now is, I'm starting to worry about their well-being. Am I legally permitted to enter their apartment after giving them notice via voicemail/texts? If not, how would you handle this situation prior to beginning the eviction process?

Thanks!

Check your state laws but 24 hours written notice is necessary in most states  Texts and emails are acceptable in many states but I would also tape a notice on door. I repeat check your state law and read over your lease 

Post a notice to enter and then enter per notice period. If you have an emergency contact call them. If there is a noxious odor enter or have police enter for a welfare check without notice. Probably not going to find anything good. Ask the neighbors if they have seen them or look in the window and there is no stuff they have abandoned. You also can check utility staus to see if they have moved on.

When you tape notices tape 1 side to the door and 1 side to the door frame. Also take a cell phone picture when you post it. Put the required amount of time for notice to enter (per state/city regulations). They wouldn't be the first couple to stop answering the phone or texts when they don't have the rent money. If it's been longer than the 2 weeks, I would figure it's not an "emergency" to justify just going in.

Thank you all for your input! I will be sure to go post a notice on her door and only enter after 24 hours. 

For the record, it's your apartment and, yes, you can enter your property with proper notice.

Regarding the eviction process, I would follow the lease and the contact or lack of contact with the resident is not relevant (other than notice requirements, if applicable).

No need for "interesting situations" or "worry"...too much mind-share dedicated to late rent will make you burn out over time and sell your property to another BP member who follows a set process.  You can be compassionate and respectful while also following the lease agreement.

@Aaron Zettler so curious was the tenant just ignoring you or was it something more serious?  If the former have you proceeded to evict?

It’s called a health check, police do it all the time. Call the police and have them meet you at the unit for a health check on the tenant. You let them into the unit to look around. No notice needed for that. Tenant may have abandoned the unit.

Let their friends, co-workers and employer worry about their well being. Concentrate on the money they owe you.

Probably need to get on with the eviction process asap. Should have probably been started by now.

@Colleen F. We had been calling and texting her multiple times, but she finally responded after an email explaining that we were going to file if we did not hear back from her. We settled up rent + late fee and we will just see how next month goes. We will be better prepared should things not go back to normal.

This is why people send the official legal notice asap. I am sure you set expectations you will automatically file if it happens again. Good luck!

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