We have tenants who stored flammable items in their unit, in violation of the lease, and removed them when told.

Six months later there was a leak in their unit and when the handyman came it to fix the leak, he informed us that he saw the flammable items back in the unit. Do they have the right to deny entry when we give them a 24 hour notice to enter for inspecting the place to ensure that they still do not have no flammable items?  That is, they can state that the request does not have valid reason and that they already removed the items six months ago.  These are hard to work with people that we inherited from the seller, and we still have quite a few months in the lease to go with them. 

I would say never, as long as you lease reflects this.

This is a safety issue whether you have it in the lease.

I'd get the police or fire Marshall to accompany you if you think there will be resistance.

Post the notice, take a picture of it on the door.

If you are concerned about them burning down the house call the local magistrate and code enforcement and see what guidance they give you.

Whoa.  @John Underwood, I've never thought of involving the police or fire marshall.  That is an excellent idea and thank you!

I guess the "flammable item" would have to be more specific. Are we talking storing a 55 gallon drum of Kerosene or are we talking about a bic lighter?

As far as removing it, they didn't when they had the handyman coming in. I would just give notice that you are having someone check the furnace and change the filters etc. At that time if you see the item i would just take a picture and give the cure or quit. i wouldn't get the fire marshall involved with my own property personally. I like to be off their radar.

There were about 80 cans of aerosol spray cans originally stored in the closet.  They reduced them to about 2 or 3.  And the handyman mentioned that he saw a stack of them.  I don't really know how many is considered too many and a "stack" doesn't mean much.  I thought of using an excuse to enter like you mentioned, but if we were to change the filter of the AC which is in the living room.  I am not sure if we can just go into the bedroom and open the closet and snap picture.

Your lease should allow for inspections with proper notice (usually 24 hours) This shouldn't be a big deal.

If you know there is a issue then tape a "10 day notice to cure" or appropriates days for your area.

Then you would need to come back after the xx days to confirm the violation is corrected. 

I don't believe a tenant has the power to deny a 24 notice that is "reasonable." By that I mean you aren't purposefully intruding on a major holiday like Xmas (or V-day for the romantics lol), OR if you were abusing it to make the tenant uncomfortable.

Honestly, I think you would even have an argument that this is an emergency situation that needs to be rectified ASAP, and doesn't require 24 hours notice. If you are able to get the fire marshal to accompany you, that would be further support.

Thank you Mike and John for the advice.  I do intend to send the 24 hrs notice - no more than 24 hr.  Now if they are to stand at the door and refuse to let me in, which is very likely, then the next step will be me documenting the situation and proceed with the notice to terminate the lease.  I know that they will involve a lawyer but for now, I am not sure if I want to call in the police or the fire marshall to accompany me when I go there.

@Jackie Sladky   I am sure each state is different , but in Cleveland we put a 24 hour notice we are coming in, I do not care what the tenant says, 

@Bob Prisco Bam!!! That's how you do it Bob

Yeah.  I thought of asking my ex football player friend to come with me.  Of course, there is a chance that they'll move the 60 or 80 cans to the car and move back as soon as the inspection is done, so I am asking them to provide confirmation that they are not and will not store flammable substances for the duration of the current lease. 

What is in the cans?  You might have another angle to pursue if they are operating a business in the property in violation of other lease terms and town zoning.

I don't think aerosol cans are an issue. Why are you concerned about them?

But why do they have so many aerosol cans? Are they graffiti artists that paint freight train cars at night?

Don't play games with them. Start the eviction process. You have an independent third party that saw the lease violation. End of story. 

If you want access to the unit and they refuse, call the police non-emergency line and have an officer accompany you to the unit. I've seen this happen. The tenant telling the officer "no" and that the landlord was not coming in did not work out well for her. She ended up being arrested. 

Is the 24 hour notice policy mentions in the lease?

If so, post it and enter. If they resist you, start the eviction process.

@Jackie Sladky

Laws are different state to state but I had a water leak in a next door unit that required me to enter a tenant’s unit. The tenant refused. I gave 24 hour notice and the tenant refused. I called the police, the police showed up and the tenant refused. The cop told me as long as the tenant is present you can’t force your way into the unit. This is in the state of Indiana. Basically, if I forced my way in, the tenant could respond with deadly force. I was able to repair the leak the next day after the plumber had a side discussion with the problem tenant.

@Quincy Lockett

Did you end up evicting the obstructing tenant afterward?

Originally posted by @Jackie Sladky :

We have tenants who stored flammable items in their unit, in violation of the lease, and removed them when told.

Six months later there was a leak in their unit and when the handyman came it to fix the leak, he informed us that he saw the flammable items back in the unit. Do they have the right to deny entry when we give them a 24 hour notice to enter for inspecting the place to ensure that they still do not have no flammable items?  That is, they can state that the request does not have valid reason and that they already removed the items six months ago.  These are hard to work with people that we inherited from the seller, and we still have quite a few months in the lease to go with them. 

 Theoretically - Never.

 Practically - Whenever they feel like it.

@Kris L.

As soon as I got home I dug up the lease to see when their lease ended. 1 1/2 months! I immediately gave them a 45 day notice to quit. They actually asked why (in an e-mail) and begged to stay because they had (a) nowhere to go and because they (b) had a newborn and couldn’t move her in the winter. I ignored their pleas and they moved at the last minute. They actually asked WHY????

Originally posted by @Quincy Lockett :

@Kris L.

As soon as I got home I dug up the lease to see when their lease ended. 1 1/2 months! I immediately gave them a 45 day notice to quit. They actually asked why (in an e-mail) and begged to stay because they had (a) nowhere to go and because they (b) had a newborn and couldn’t move her in the winter. I ignored their pleas and they moved at the last minute. They actually asked WHY????

 I'd have to ask the same question man. Not good business to be in such a hurry to remove paying tenants. Goal is to acquire rental income, not push it away.

Originally posted by @Bob Prisco :

@Jackie Sladky   I am sure each state is different , but in Cleveland we put a 24 hour notice we are coming in, I do not care what the tenant says, 

 This is a ridiculous statement Bob. If a tenant is at the property and refuses your entry and you force your way in this would be breaking and entering. The only legal way to handle a situation like that would be to file an eviction for violating the terms of their lease. 

@James Wise

They refused entry to repair a leak after being given adequate notice. This caused further damage to my new cabinets in the corresponding unit. I found replacement tenants that respect the 24 hour notice to enter. A paying tenant is not the ONLY virtue in real estate investing. Respect for the property is kind of important too.

If it is in the lease, then you can go in.  It is not breaking and entering (depending on location btw) if you give them notice and it is in their signed lease.  Just make sure you document the notice being placed in the proper area.  When I serve notices to my tenants, I step back and snap a picture of the front door area (if they are not home) for proof of notice.   If need be, use the leak that was fixed as your reason for entry.  You know, checking up to make sure your guys did their job right :).  I use maintenance as an excuse all the time to check up on tenants.  They have the piece of mind that we care about the work that needs to be done and I have the piece of mind knowing how they treat my properties.  

One person who lives there is a graffiti artist - legally, so that angle is out.  I will not force entry because who knows what these people will claim afterward.  I like the idea of email and also posting the notice on there door, but they can simply move the cans out and then back in after the inspection.   I've realized that since they've done it before, they can just do that again.  They have another four months left on the lease.  

Now about tenants who pay rent.  All of my other tenants, almost 30 of them in three buildings, are proud of their homes and take care of their places and of the buildings.  If they see something that may be out of order, they inform me.  That was my instruction to them.  They are happy people, and they know that we care.  These tenants do pay rent on time but make up things to complain about and asked for reduced rent more than once.  The relationship is strained.  I will not force these people out but will not renew their lease.  They told us how horrible the former landlord was, but they are living there for three years now.  Where ever they go, they will be unhappy.

@James Wise  not correct, Its in their lease. If a tenant has something going on that is potentially dangerous , or a leaking pipe etc, We place notice and go in. In 10 years I have not had an issue of not being allowed in, thank goodness. I hate drama !!