Can’t enter rental unit - active water leak

Can’t enter rental unit - active water leak

Investor · IA · Member since 2017 · 88 posts · 36 votes
Our NIGHTMARE TENANT has been given a 7 day notice to vacate. There is an active water leak coming from her apartment for the second time. We told her we’d be bringing plumbers by this morning. She ADDED A LOCK to the door so that our keys won’t work. How forcible can we get with our entry to the unit? All windows are shut and she lives on the second floor.
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Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y

The lock and your ability to enter are separate issues. States laws usually state that you cannot enter unless you provide 24 hours notice. Notice is usually not required in cases of "emergency." If there is a water leak, that should be classified as an emergency repair and justify entrance with less than 24 hours notice.

If you ever go to enter your property, emergency or not, and the tenant has changed the lock, you are within your legal right to have a locksmith come and change the lock on YOUR property. (Cost of locksmith should be billed back to tenant) You then post notice that lock has been changed and to contact you for a key. Any good lease should mention that tenant is not allowed to make modifications to the property. if yours does not, you may not be able to bill back the locksmith but you should still be within your rights to change the lock. as always, default to your local laws.

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  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    The lock and your ability to enter are separate issues. States laws usually state that you cannot enter unless you provide 24 hours notice. Notice is usually not required in cases of "emergency." If there is a water leak, that should be classified as an emergency repair and justify entrance with less than 24 hours notice.

    If you ever go to enter your property, emergency or not, and the tenant has changed the lock, you are within your legal right to have a locksmith come and change the lock on YOUR property. (Cost of locksmith should be billed back to tenant) You then post notice that lock has been changed and to contact you for a key. Any good lease should mention that tenant is not allowed to make modifications to the property. if yours does not, you may not be able to bill back the locksmith but you should still be within your rights to change the lock. as always, default to your local laws.

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    8y

    @Jessica Wood I 100% agree with @Andrew B.. You have the right to protect your property. Water leak is an emergency. I would make sure 2 or more people go in at once so that there is a witness given the nature of this tenant.

  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @John Underwood - Turns out when we came with the plumber she had deadbolted herself in her bedroom and also has a deadbolt that she’s added on the inside of the door. We just got In and she Is locked In her bedroom!! She has ruined our original woodwork to do this!! How do I get her out immediately?!?!
  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Andrew Boettcher we just got in. She didn’t change the lock she added a deadbolt on the inside and REMOVED ALL OF OUR ORIGINAL WOODWORK TO DO SO.
  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Jessica Wood:
    @John Underwood - Turns out when we came with the plumber she had deadbolted herself in her bedroom and also has a deadbolt that she’s added on the inside of the door. We just got In and she Is locked In her bedroom!! She has ruined our original woodwork to do this!! How do I get her out immediately?!?!

     That one is not as simple! Removing her from the premises will require you to follow the formal eviction process. Only other option is Cash for Keys.

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    8y

    Jessica, One again Andrew has the correct answer. You have to go through the formal process. Take pictures and show to Magistrate and maybe they can try and speed things up.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Jessica Wood:
    @Andrew Boettcher we just got in. She didn’t change the lock she added a deadbolt on the inside and REMOVED ALL OF OUR ORIGINAL WOODWORK TO DO SO.

     Deadbolts usually have a keyhole on the outside to unlock. In that case a locksmith would help. if it is any other device made to secure the door, then use a drill or elecrtric saw to cut it.

  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Andrew Boettcher I wish I could post a photo. It’s like a “swing bar lock” in a hotel except it has a bar that just slides. Virtually no way to enter from outside.
  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Jessica Wood:
    @Andrew Boettcher I wish I could post a photo. It’s like a “swing bar lock” in a hotel except it has a bar that just slides. Virtually no way to enter from outside.

     Wait...is this on the bedroom or the entrance to the unit?

  • Investor · Simpsonville, SC · Member since 2016 · 135 posts · 73 votes
    8y

    You could be through that bar lock in 30 seconds or less with a sawzall.  Your handyman or locksmith will know what it is, if you do not.  There will be some damage to the door stop as the blade passes through, but it will be minimal if you're careful.  I'd be more concerned she is on the other side of the door and is armed.  Follow the eviction laws where you are and let the police get her out of your property.  

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y
    @Andrew Boettcher Cant you just cut it? I assume there is no second entrance. Also is the leak damaging the lower unit such that this is urgent or is it just running up the bill. I would think if it is damaging consider the damage of other options to get in vs the damage it is already causing.
  • Member since 2018 · 1k+ posts · 1k+ votes
    8y

    Consider contacting the police and the county/city mental health officials. She sounds like a danger to herself and others.

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    @Jessica Wood Do not take my advise because it’s probably illegal but if it were mine I’d marvhbright over there kick the door in . Heads would be rolling
  • Real Estate Agent · Lubbock, TX · Member since 2015 · 4 posts · 0 votes
    8y
    @Dennis M.check your lease
  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    Originally posted by @Mark Luchsinger:
    @Dennis M.check your lease

     Mine says I can go right in the unit if there’s a leak or emergency . Like immediately! It also says no additional locks permitted and I’m also permitted to enter if I see damage to my property without notice 

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    8y

    Jessica, I recently had a very bad experience due to not screening an inherited tenant who was actually fairly ok for two whole years. Now everybody I inherit gets screened. We only do MTM in WA so that helps. Is this tenant inherited?

  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Andrew Boettcher she put one on the bedroom and the entry to the unit.
  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Colleen F. - it was damaging the other units ceiling that we just replaced. We ended up getting in and getting it fixed. Once we got in, we realized she was locked in her bedroom AND had deadbolted the front door, removed the trim from around the door to add the deadbolt.
  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @John Clark - we asked the police - they wont get involved until we have a forcible entry detaIner as we have no proof she’s a danger.
  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    When you deal with mental cases you simply be carful, never enter alone, make protecting your property a priority and take them to small claims court once she is out. When a situation like this arises I try to make the best of it and find ways to exact my revenge.

    If she is S8 you hope for the best since there is absolutely no way to collect for any damages. Most are declared as untouchable and do as they please.

  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Bjorn Ahlblad - in fact she is.
  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Dennis M. - my lease says I can enter during a maintenance emergency also. I just didn’t know if that meant “you can take a battering ram to the door” or what. Thankfully we ended up getting in. Had the sheriff serve her the notice to vacate today so fingers crossed she gets the hell out.
  • Investor · IA · Member since 2017 · 88 posts · 36 votes
    8y
    @Thomas S. - thankfully my husband entered the unit and he was with a plumber. We don’t plan on entering alone or having any other interaction with her. She is not section 8.
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    8y

    Jessica sorry this is happening to you and thank you for the thread; there is a valuable learning experience here for us all. Wish you all the best!

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    Originally posted by @Bjorn Ahlblad:

    Jessica sorry this is happening to you and thank you for the thread; there is a valuable learning experience here for us all. Wish you all the best!

    Agreed . These things suck but tomorrow is another day . these trials  are valuable learning tools and every obstacle in the path can lead to a better understanding and improves your skills .  Chin up the next time you’ll be that much wiser 

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