Tenant rights to refuse my access to the property for repair?

Question

Hi everyone!,

i'm having a situation where i posted a notice to enter for repair in rental unit and the tenant refused to let me in. Can I still let my guy in and make repair? They said they are not home and i'm not allowed to enter? I think they act like that because they are upset that I'm not letting them renew their lease.

Any thoughts how to handle this situation would be greatly appreciated!

JD Martin · Answer

What does your lease say? Always go back to the lease. If it doesn't say how access is to be handled, then you need to look at state law (and your lease shouldn't be at odds with your state's laws). Virtually everywhere allows access with reasonable notice and doesn't require the tenant's approval, and virtually everywhere allows immediate access for emergency repairs.

Bob Okenwa · Answer

@Yannie Ko

Per Colorado tenant/landlord rights:

"Privacy While not required by statute, reasonable notice by the landlord for access to the rental property should be addressed in the lease. A commonly used privacy clause allows a landlord access to the rental property at reasonable times and with reasonable notice to the tenant to make necessary repairs or reasonable inspections. Additionally, a landlord has the right to enter a rental unit without notice in emergencies. (An example of an emergency might be an apartment flooding after the hot water heater breaks.) If a lease does not include a written clause specifying when the landlord can enter a rental property, a tenant has exclusive use of the property and does not have to allow the landlord access. However, if a tenant refuses to allow the landlord entry, the tenant assumes all liability for damages and repairs to the rental unit, as well as consequential damage to other units."

https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf

For future reference, you may want to speak with an attorney regarding your landlord rights so if this happens again in the future, you'll be prepared and can act accordingly.

David Niles · Answer

How much time is left on the lease? If repair isnt a major issue that is causing further harm, why not let it go until their gone?

Nick C. · Answer

Every state is different, but in Florida the landlord is allowed to enter with 24 hours notice. You just need to find the applicable law in Colorado.

Brian Schoolcraft · Answer

Hopefully the lease spells this out (and most importantly if you can charge a trip fee when you show up and they refuse to let you in).

Cathie Kovacs · Answer

I’m dealing with the same issue. I sent a certified letter stating my intent when my verbal request (with notice) was denied.

Niki C. · Answer

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Ray Harrell · Answer

Usually you give them 48 hour notice and you can enter, for any reason, but certainly to do repairs. Check your local ordinance.

Aaron K. · Answer

There should be a procedure in your state for things like this that involve essentially breaking the lease. They may not care because they have to leave anyway but that is a good place to start.

Tenant rights to refuse my access to the property for repair?

Tenant rights to refuse my access to the property for repair?

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