Tenant refusing my entrance of property due to COVID

[Cole Fleishour]

My current tenants are both medical doctors and refuse to let me inspect my property. They say I can't enter due to state and federal regulations and their professions. 

I think they could be using COVID as an cover to not let me see the condition of the property and the extra 2 dogs. They should be paying $100 more per month for the dogs and I think have breached the contract due to not telling me about them. In addition to that, the neighbors have complained that one of the dogs wandering the neighborhood.

There is 7 months left on their lease and it states: "Expect the landlord to inspect the property approximately 1 time every 3 months. Landlord will agree to follow social distancing requirement including staying 6 feed distance and wearing masks or any other protective gear that tenant requires."...."No animals or pets shall be kept on the premises without the consent of the landlord"

If I go the legal route I am afraid they may damage the property more than the security deposit and cost me thousands in legal fees to pay for the damages. All that being said, I am leaning toward the more passive approach and waiting until they are done with the quarantine. 

In addition to that, they had the house tested for radon found the level is high so they are saying that I have put their family at risk and want me to pay for a mitigation system. This I may just pay for because I do care about the health of anyone in my rental.

Any advice would be awesome!

Thank you!

Cole

[Anna Laud]

A facetime can work, also send a nurse or a certified health professional through with facetime or skype on.  I've done that for the opposite because I don't want to enter the houses lol.

[Emily Baker]

@Cole Fleishour

They aren’t hiding anything. They are both medical doctors who don’t want to risk getting you sick, which they work in a risky environment. They are t hiding anything.

A FaceTime walk through is good.

I’m a part time real estate agent, investor and full time nurse. I wouldn’t want to go into my tenets home if I didn’t absolutely need to, right now. Thousands of people are dying and any unneeded risk isn’t worth it.

Are they paying on time?

[Wale Lawal]

@Cole Fleishour

You have every right to inspect your property IF it's included in the contract as you mentioned.

Seek you attorney's advise if they are not cooperating.

Goodluck 🤝

[Dan Walker]

Cole, one thing that we are doing is virtual inspections via Zinspector. It allows the tenants to complete an inspection using their smart phone following a template for questions and anwers. You can double check their work once the inspection is complete. Not as good as in person but pretty good.

https://www.zinspector.com/

[Sue K.]

@Cole Fleishour I haven't read all of the posts, so forgive me if I repeat what's already been said.

I wanted to address a statement you made - that you should be allowed into "my house."  I think perhaps you misunderstand a tenant's right to consider the home as their own home when they rent it.  You are the owner, for sure.  But, when you rent the house to someone, they have the right to treat it as their own home.  This is actually what the term "quiet enjoyment" really means.  It means the tenant has the right to not have the landlord interfere unreasonably in their possession of the home while they are renting it, their right to quietly enjoy the property without the landlord's interference.

I think landlords forget to put themselves into the shoes of a renter.  Perhaps you have never actually been a renter.  But, try to imagine having a landlord coming in to inspect your home every 3 months, with no reason.  That's really, really, really intrusive.  I would absolutely hate that.  It's your job to screen tenants, then leave them in peace and only interfere with them within reason.  You won't keep tenants if you don't.

An owner I worked for inspected once every 6 months.  We used the excuse of changing smoke detector batteries and a quick look under sinks to be sure they weren't leaking, a listen to the toilet to see if it's running, ask them if they are having any issues and then we were out of there.  Usually less than 5 minutes.  And we let them know that's what we were going to do, so it wasn't a big deal.

Why do you want to bother stressed out medical workers anyway.  And they're more likely to give you Covid than anyone else in the country.

As far as emotional support dogs - you don't get to have 4 of them.  And, tenants must ask to have one.  They are allowed one under a law that says they are a "reasonable accommodation."  They must ask you for a reasonable accommodation.  And, you can still kick them out if their ESA dog is causing problems.  So, you could give them a warning about the dog wandering the neighborhood and give the reason that now that it has come to your attention, so you are aware of their dog roaming around, if that dog bites someone, you could also be sued for allowing your tenant to have a dog you knew was roaming around.  So, you could tackle it that way.

As to radon, I'd simply tell a tenant I didn't want that since the house is uninhabitable, they will have to leave.  Some states will require you to pay their relocation costs if the place is deemed uninhabitable.  

I'm glad you worked things out, but I also don't think you should be getting into some deep relationship with them, either.  Remember that tenants aren't ATMs or tenant farmers who don't have rights - but - don't get involved in their lives either.  It can be tricky to learn the boundaries.  But, I suggest that you try to imagine being in their shoes.  Would you really want your landlord bothering you or getting into a relationship with him/her beyond strictly business?  Plus, if you allow them to get you involved in their problems, and then you relax some rule because of their problems, then they can end up taking advantage of you.

You'll get the hang of it.  I didn't learn it overnight.  It's an art, for sure.  

[Steven Westlake]

@Cole Fleishour - month to month leases, cameras outside to prove pets then back bill,

personal i allow pets with weight, breed, and quantity limits of course with more deposit and additional rent, i just use luxury vinyl floor instead of carpet. People sneak them in, so just adapt and bill for them. Remember your goal is to collect rent, not fight, and fluffy or snoopy can add $30 per month.

But if their not damaging the place and paying in time, face time it, and move on.

[Susie Evans]

@Cole Fleishour Cole, the tenants do not run the show. But somehow they are.

Dr.’s or Not.. they have violated the lease on 2 separate issues. 1. Refused Entry for 3 month inspection 2. Pet

The Radon is subject.. home test?? Or professional? Did they notify you of pets ahead of time or did you find out “by accident “? And why a 3 month inspection? Seems a little intrusive. I’m guessing they signed a 1 year lease ? And having landlord show up every 3 months = 4 times = 1 year ???? Seems to me they are just pulling a fast one on you. And as far as Emotional Support animals .. you can go online and pay $99 and get a certificate.. check your state, but I’m pretty sure there are no guidelines for emotion support like there is for Guide Dogs because they are Licensed & Registered. I’m hoping it will work out in your favor.

[Jaquetta T Ragland]

@Cole Fleishour where is the clause that a landlord can’t enter a unit? I guess if you send a notification and enter at the time the notification says you will enter, I guess they will have to prove it in court...but the result of that is they can stop paying rent as a retaliation. Or when you get the radon system, you can enter with the contractor.

[Robb Rineer]

@Cole Fleishour just FYI, there’s a big difference between an emotional support animal and a “working” or “service” animal. Your state may be different but in most cases they are not treated the same. A service dog is NOT subject to pet laws, but most places an emotional support animal IS, as far as I know–as the former owner of a service animal...

[Paul Sweetman]

When and how did they have the house tested for radon if they didn't let the inspector in?

[Rita Medeiros]

@Monica Labrada Come to our women’s group October 28th ft lauderdale listed on events page 

[Jonathan Brobst]

@Henry Lazerow, it sounds like they are low class. They brought in "pets" and are not abiding by the lease in at least 2 ways now. We have all seen houses in upper class neighborhoods that are trashed or smell like a zoo.

[Suzanne Player]

You have some legal questions here & should talk to your landlord tenant attorney.  It's possible your attorney may give you a quick answer at no charge, but don't shy away from protecting yourself by seeking legal counsel even if there is a fee (and as always you can ask about rates before you decide whether to retain an attorney).  There is too much at stake here to go without professional legal counsel.  Review your lease and then have it in front of you when you make the call to your attorney.  

[Edward Dawson]

@Suzanne Player

You can still file evictions during this time if you do it appropriately.  If the tenant is not taking care of the property or causing damages, then you still easily have grounds to evict them.

[Rebecca E.]

@John Farady

What kind of doctor needs to rent? The kind of doctor that leaves their practice to go help in new york city in the middle of a pandemic where the most common deaths were health care workers. I'm not saying that these doctors were doing that but that sort of thing happens all the time. I'd be happy to tell you about more examples of pleasant successful doctors who find themselves needing to rent, if you're open.

[Paul Enzinger]

I have had a similar situation with my tenants who haven't paid anything since January and hid behind the COVID eviction moratorium in wonderful NYS. Because of this, she was appaled that I entered without a mask (and no body there)...heaven forbid!

[Samantha Wilson]

@Cole Fleishour

Refer to https://tribunalsontario.ca

If you are Canadian

[Justin Schaefer]

@Cole Fleishour I just feel like this might not be the best way to get that question answered. I personally would be calling me attorney for advice. In my area, the only thing the landlord has to do is post a 12 hour notice of landlord entry on the tenants door, (I'd myself doing that with something that states the date and time as well if I were doing that in this kind of a situation) and then after 12 hours have elapsed, they're free to enter. As far as I know, COVID has not changed that in my area, but I haven't had an issue to date. It might be worth a quick call to an attorney though. Seems like very odd behavior for DRs though.

[Jack B.]

Originally posted by @Account Closed:

Whenever tenant thinks they are the boss to me they may as well have written their own eviction notice. Under no circumstances will they stay. I would use this as a violation of their lease and the reason why they are getting an eviction notice.

I'm getting real tired of hearing the word covid as the universal excuse for everything.

 This. Anytime a tenant acts like they are in charge and a decision maker I put them in their place ON THE SPOT. Had some numb nuts try to deny me entry for a tour of a new tenant after they gave notice. He then said he would be naked if I come. I told him he would be arrested for indecent exposure, and that he doesn't get to decide whether I can come to MY house, as stated in the lease and state law that is CITED in the lease that says they have to allow me entry and cooperate with me. They cooperated....And I think they learned an important lesson about who is in charge that will help with their attitude with future landlords.

[John Morris]

I agree with Mary's point.  I think you should just ask them and approach this from a different angle.  Also, inspections every 3 months is indeed a bit excessive. The easiest way is, instead of calling them inspections, to just ask to go replace the air filter or say you are doing an annual checkup on the hot water heater. It's a benefit for them (safety) and a benefit to you (you get to check out the property inside), without being intrusive. 

[Brian Lucier]

@Sue K.

Thank you for being the voice of reason on this post. Sure, the landlords "own" the building and feel entitled to do whatever they want whenever they feel like. But as soon as they signed the lease with the resident, that's it. The rental (landlord's property) is now under the legal possession of the resident for consideration (rent), and the resident is now entitled to the "peaceful quiet enjoyment of the premises" without interference from the landlord. 

They do not have to let you in - at all! Period. Unless you want to play this out and have a p***ing contest and get a court order. There is no way to come back from playing this card. Now you have permanently damaged the relationship and may have opened the door to other liability i. e. self-help evictions, harassment, retaliation, etc..

You screened these folks, they passed the test, you rented to them - they are human - and we are all worried about bring covid into our homes. We have been landlords for 19+ years and professional property managers for 13+ years. We own 60+ units and mange 200+. "Customer Service" is not a department. It is how you run your business - every day. Rental properties are a "Customer Service" business. You own the property - relax. The property is not going anywhere and will still be there in the morning. You do not live there, your resident does.

[Brian Lucier]

CDC Declaration Form
https://www.cdc.gov/coronaviru...

CDC Eviction FAQ
https://www.cdc.gov/coronaviru... 

Ok, there is a lot of talk on this post saying "just evict them". This is really bad advice. Please read up on the CDC guidelines and protocol under covid. If you screw this up and the eviction results in death, you are looking at fines of $500,000 and or 1-year in jail. 

Now there is some free rent for ya!

Let's stay on point here. The issues are the radon test, ESA, and figuring out how to do a virtual inspection. You CAN still achieve all of these without having to be a pain in the butt to your resident. In fact, if you work with them, considering their situation and treating them with mutual respect - they may stay longer in your rental and who knows, possibly give your resident referrals for acting like a human being facing a tough situation. 

Walk a mile in their shoes. You still own the building - you win either way. But you do not have to flex that muscle. Try a little humble pie. Yes, there is a point of no return, but it should not always be the first option on the table.

[Account Closed]

Originally posted by @Rebecca E.:

@John Farady

What kind of doctor needs to rent? The kind of doctor that leaves their practice to go help in new york city in the middle of a pandemic where the most common deaths were health care workers. I'm not saying that these doctors were doing that but that sort of thing happens all the time. I'd be happy to tell you about more examples of pleasant successful doctors who find themselves needing to rent, if you're open.

Are you saying they commute from OHIO to New York City every day to help poor people? 

I understand the concept of "Logic" can be challenging but here we have what is called

non se·​qui·​tur | \ ˌnän-ˈse-kwə-tər

also -ˌtu̇r \

Definition of non sequitur

1 : an inference (see inference sense 1) that does not follow from the premises (see premise entry 1 sense 1) specifically : a fallacy resulting from a simple conversion of a universal affirmative (see affirmative entry 1 sense 3) proposition or from the transposition of a condition and its consequent (see consequent entry 1 sense 1)

[Caroline Gerardo]

@Joe Spitlock gave great advice on hiring a pro and meeting them at the property. Rent a bee suit and cover your whole body? Being funny but maybe you could get one of those plastic face shields and a mask, plus plastic gloves, plus a disposable gown? Email them about your plan to suit up to protect THEM. There is no law that stops you from knocking on their door to drop off a Halloween goody bag or some gift, have cell phone in hand or have someone deliver it with cell phone ready to snap pics of dogs?

[Brian Lucier]

@Account Closed

Go ahead, just enter the property after they said no. Hello trespassing, harassment, break in and entering and a retaliation lawsuit. Confrontational landlords are the best meal served up fresh to FREE tenant advocate lawyers. I am an owner AND a property manager so I live both sides. Do as you see fit, you own the property after all. But this "evict them all mentality" is not my cup of tea. I will always try to work with the resident. I believe, call me crazy, this is a much better "customer service" business model for long-term success.

Go ahead, slam me because I am a property manager (which has nothing to do with this post at all by the way). I will sleep fine tonight knowing I treat people fairly with compassion and consideration. Best of luck to you Mr. Kelly, I wish you well.