Can a tenant that broke the front door deny replacement?

Question

A tenant broke the front door during a domestic incident where the cops were called. I temporarily fixed the door and ordered a new one. Because of Covid, the door didn’t come in for months and then it was winter and too cold to replace it. I have warned the tenant I’m meeting a contractor to do the work and they won’t respond. If they don’t answer the door, am I within my rights to open it and let him work? Even if they’re home? I’m guessing I am. I just want to make sure. They’re an aggressive young couple that I can see giving me problems because of it.

Joe Martella · Answer

@Jon-Michael Veronesi. There are two things to consider when dealing with tenants.  Your legal rights and the emotional impact your legal rights may have.

It sounds like they have been living with this broken door for some time and have not been bothering you about it or have concern.  Obviously it isn’t an emergency since they have been living like this for months.  I could tell you that if I had a broken front door that wouldn’t properly secure my home I would be fixing it or calling my landlord every day regardless of the weather.

The next thing I would consider is if they are paying their rent.  If they are, you really don’t want to piss them off because, right now, they don’t have to pay you rent for an undetermined amount of time.  That will bring you more aggravation than not being able to replace a broken door that has been broken for months.  If they aren’t paying their rent then pissing them off more doesn’t really matter unless they break the door again or other stuff.

I have a different philosophy.  I don’t like entering people’s home if I own the place or not.  Renters have a reasonable expectation of privacy and the last thing I, as a landlord, want to do is enter someone’s home when they aren’t there.

If it is an emergency (flood, fire, etc...). Then get in there, but a repair that has been waiting for months, I wouldn’t do it paying or not regardless what the lease says.I personally would have made them responsible to purchase and replace the broken door.  I would have told them what to order and who to use and that they can pay for it.  If they didn’t, the door stays broken.

Lien Vuong · Answer

You should have right entry given the notice time period. This is security in their unit and is a mandatory item that needs to be replaced for their safety.

Nicole Heasley Beitenman · Answer

Check your state's laws. Generally, you're permitted to enter with 24 hour's notice. Some states may say 48 hours. But your lease should make that known to the tenant. I also have it in my lease that we can enter for repairs whether they're home or not.

Colleen F. · Answer

Usually you can give notice and schedule repairs with 24-48 hours depending on state law.  Permission isn't essential and if the repair is essential I do it. I once had tenants with a broken refrigerator that could not be bothered to respond on accepting delivery. We got there and there were like 10 people in the house?? Hello return the phonecall....

Best course of action is try to get a response and then if it has to happen say I will be there on x day at x time. This sometimes gets a rise out of them.

However, in your case they broke the door in the first place and might do so again. Did they pay for the new door?  I would notice them that you are requesting to replace the door on x day at x time. Let them know if they don't confirm you will consider that they don't want the door replaced until the end of their tenancy on x date. Let them know they will be charged x dollars for the repair regardless of date of replacement. This covers you if they say you aren't doing repairs. Hopefully they are soon gone.

Patricia Steiner · Answer

Your state (Mass) has an interesting perspective on landlord entry. Here's a couple different takes on it.  From Avail:  "There is no notice of entry law in Massachusetts. The landlord does not need to provide any notice if they wish to enter the premises for the following reasons: Non-emergency maintenance and repairs."  End.

From Tenant Rights, Mass.gov:  "Your landlord, or an agent for your landlord, may only enter your apartment for the following reasons:

• To inspect the premises;
• To make repairs;
• To show the apartment to a prospective tenant, purchaser, mortgagee or its agents;
• In accordance with a court order;
• If the premises appear to be abandoned; or
• To inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit.

The landlord should be reasonable and attempt to arrange a mutually convenient time to visit the apartment. If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court. (End)

I would give the tenant notice in writing (email/letter) that your requests to make a critical repair/replacement of a door that was damaged during her tenancy have been ignored to the detriment of your property. As such, you are giving her 24 hours notice of entry, inspection, and repair of the property - arriving at (business hours time frame) and that masks will be worn at all times.  Then go and do it.  Have a witness if at all possible.  Photograph the old door and the new one.  Document your file with the photographs, letter of requested entry, invoices - so you can deduct the damages from her security deposit.

With all the drama caused by the tenant, I would not be looking to renew her lease.  You deserve better.  Hope this helps.

James Reade · Answer

@Jon-Michael Veronesi

What does your lease say. When you had them sign did it say that you are allowed to access the property as long as 24 hour / 48 hour notice is given? It makes a difference having a good lease written up. I hope this helps.

Jon-Michael Veronesi · Answer

@Jon-Michael Veronesi oh and I’m in Massachusetts if that matters

Can a tenant that broke the front door deny replacement?

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