Tenant does not let me walk through or fix issues

Member since 2022 · 38 posts · 9 votes

Tenant does not let me come to house and fix any issues. The house failed inspection due to GFCI outlet not working.

What should I do?

Asked atleast 3 times and says he is not available. Gave him time for today at 11 and says he is not available.

His lease is coming to end in november. He lost his job in jan and used his extra security deposit. I told him to pay back when he gets a job. He is not paying security deposit back.He does not let me walkthrough my property.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Quote from @Harita Konjeti:

The law requires you to give notice. It doesn't not require you to get permission. This is why it's important to understand the law and your rights as a Landlord.

"Dear Tenant,

The law requires me to give reasonable notice before entering the property for repairs, inspections, or showing it to potential renters/buyers. Your permission and presence is not required. I've tried multiple times to schedule a visit that works around your schedule but you have rejected every request.

I hereby notify you that I will enter the home on [DATE] at [TIME] to inspect the rental and make repairs. You are welcome to attend but your presence is not necessary. If you are not available, I will enter with my key and lock up when I am done. If you refuse entry, I will have no choice but to terminate your lease."

I recommend you learn the law and take control of your property. I would not renew this Tenants lease in the fall.

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Dan GuentherBusiness Member
Real Estate Agent · Longmont, CO · Member since 2019 · 548 posts · 271 votes
3y
@Harita Konjeti
Do you have a lease in place?
[email protected]720-295-1082
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Harita Konjeti
OP
Member since 2022 · 38 posts · 9 votes
3y
Yes I have lease in place
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
It is your house that he rents. Give him notice and tell him you are entering even if he isn't there. Find out what the rules are where you are, for most areas it is 24 hours notice. Bring a big friend along with you.
8 Reply
Konstantin GinzburgPro Member
Member since 2021 · 376 posts · 242 votes
3y
@Harita Konjeti
What does your lease state? Situations like this should be outlined in leases. That includes stating that the property owner (you) has the right to enter the property and make required repairs as long as proper notice is provided (check with local laws but 24 hour notice is fairly standard). I would also advise against allowing a tenant to use their security deposit for rental payments. The security deposit is there for other reasons such as post-moveout repairs and unit turn around. This sounds like a tenant that you are better off without and I would strongly look into serving them notice and beginning the eviction proceedings if they do not comply.
5 Reply
Harita Konjeti
OP
Member since 2022 · 38 posts · 9 votes
3y
Thank you @Konstantin Ginzburg, Lease says that I can enter with 24 hr notice.
1 Reply
Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
I would also advise that you will let them out of the agreement without penalty so they can downsize or move in with family to avoid additional costs such as late fees and attorney costs.
It is very doubtful you will get any of the security deposit reimbursed, and it was a mistake using it. Local law may not even allow it to be used for past due rent. What you really do not want is a non-paying tenant, dealing with an eviction, and going vacant in November-December-January when no one is looking to rent.
2 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Harita Konjeti:

The law requires you to give notice. It doesn't not require you to get permission. This is why it's important to understand the law and your rights as a Landlord.
"Dear Tenant,
The law requires me to give reasonable notice before entering the property for repairs, inspections, or showing it to potential renters/buyers. Your permission and presence is not required. I've tried multiple times to schedule a visit that works around your schedule but you have rejected every request.
I hereby notify you that I will enter the home on [DATE] at [TIME] to inspect the rental and make repairs. You are welcome to attend but your presence is not necessary. If you are not available, I will enter with my key and lock up when I am done. If you refuse entry, I will have no choice but to terminate your lease."

I recommend you learn the law and take control of your property. I would not renew this Tenants lease in the fall.
The DIY Landlord Book4.7248 Reviews
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9 Reply
Quincy Lockett
South Holland, IL · Member since 2017 · 374 posts · 432 votes
3y
@Nathan Gesner
It definitely depends on your locale. I had a similar issue 6 years ago with a tenant in Portage, Indiana. I gave emergency 24 hour notice to the tenant to repair a leak that was destroying kitchen cabinets in an adjacent unit. The tenant refused entry. I called the police. The police arrived and stated I cannot enter, even with emergency 24 hour notice as long as the tenant is present and refuses entry. I would have to attempt to have the plumber do the repair when the unit was empty. And I thought I 100% knew how that works.
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
Quote from @Quincy Lockett:

@Nathan Gesner
It definitely depends on your locale. I had a similar issue 6 years ago with a tenant in Portage, Indiana. I gave emergency 24 hour notice to the tenant to repair a leak that was destroying kitchen cabinets in an adjacent unit. The tenant refused entry. I called the police. The police arrived and stated I cannot enter, even with emergency 24 hour notice as long as the tenant is present and refuses entry. I would have to attempt to have the plumber do the repair when the unit was empty. And I thought I 100% knew how that works.

Any chance the police were wrong? I can't see how they'd say that with an active water leak. I mean you could just shut water off to the house, but that would cause other problems.
3 Reply
Quincy Lockett
South Holland, IL · Member since 2017 · 374 posts · 432 votes
3y
@Theresa Harris
Let’s say the police were wrong. Indiana is a heavy fire arm owning state. I could have lost my life forcing my way in. And going to the courts to petition an emergency entrance with the “police” would take days. So it doesn’t matter if they were wrong at that time. Police are the enforcers of the law and they were on site. The water is in each units name. My plumber had side conversation with the tenants and they allowed access the next day. I gave them 30 days notice to not renew the lease at the end of the month.
3 Reply
Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
3y
@Harita Konjeti

Listen to @Nathan Gesner.

@Quincy Lockett I understand what you're saying, but that just doesn't sound right. I hope you followed up with the police department, and I hope your lease states clearly that you have the right to entry with 24 hours notice, emergency or no emergency. If all of these things are true...good Lord, get out of Portage Indiana as fast as you can.

Back to Harita, the GFCI outlet is a minor safety issue. If not taken care of, it could theoretically lead to a fire. I fail to see how you could be denied entry legally. In any case, Mr. Big Shot Tenant here needs to go ASAP, I hope that's clear.
4 Reply
Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
3y
Funny the cops didn’t have access to the internet, or better yet, know the law…took 10 seconds to find out. Of course you can enter with no notice in emergencies. 24 hours for inspections.

https://ipropertymanagement.co...

3 Reply
Quincy Lockett
South Holland, IL · Member since 2017 · 374 posts · 432 votes
3y
@Jim K.
this happened 1 time 6 years ago. The property does extremely well. And I haven’t had to deal with such an issue since. This was an inherited tenant. I have since placed all current tenants. It’s impossible to control for everything in this business.
1 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
Quote from @Quincy Lockett:

@Theresa Harris
Let’s say the police were wrong. Indiana is a heavy fire arm owning state. I could have lost my life forcing my way in. And going to the courts to petition an emergency entrance with the “police” would take days. So it doesn’t matter if they were wrong at that time. Police are the enforcers of the law and they were on site. The water is in each units name. My plumber had side conversation with the tenants and they allowed access the next day. I gave them 30 days notice to not renew the lease at the end of the month.

Glad it worked out. It is a very different place down there from what I'm used to.
1 Reply
Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
3y
Quote from @Quincy Lockett:

@Jim K.
this happened 1 time 6 years ago. The property does extremely well. And I haven’t had to deal with such an issue since. This was an inherited tenant. I have since placed all current tenants. It’s impossible to control for everything in this business.

I too have had a police officer not see things my way, and I walked away, and the problem was eventually resolved. I'm glad you got through this. On a side note, I see that your plumber ended up being able to get a resolution. I am lucky in that my main plumber is also my friend and mentor in this business. I have relied on his company and his techs for this sort of conflict resolution in the past as well.
1 Reply
Harita Konjeti
OP
Member since 2022 · 38 posts · 9 votes
3y
This time I sent tenant $65 to pay for trip charges as was not available. Next time I will take keys and send the above email 24 hrs before. The lease says that I can enter with 24 hr notice.
0 Reply
Bob S.
Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes
3y
Quote from @Harita Konjeti:

Tenant does not let me come to house and fix any issues. The house failed inspection due to GFCI outlet not working.
What should I do?
Asked atleast 3 times and says he is not available. Gave him time for today at 11 and says he is not available.
His lease is coming to end in november. He lost his job in jan and used his extra security deposit. I told him to pay back when he gets a job. He is not paying security deposit back.He does not let me walkthrough my property.

24 hour notice and go in ITS YOUR HOUSE. Also you need to hire a PM co this week.
All the best

2 Reply
Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
3y
At the end of the lease you either non-renew or you raise the rent to market plus some amount of $’s that makes the extra hassle worth is. Something like $100 or $200 /mo. And then you hire a PM. Their next landlord will have a PM or know what they’re doing and not put up with it.
1 Reply
Judy Parker
Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
3y
Send Tenant a Notice to Cease for being in violation of Lease Terms (not allowing inspection, not replenishing security, etc.). Then file for eviction. There is a reason he won't allow Landlord to inspect and this situation is only going to get worse.
0 Reply
JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
3y
Bottom line: you need a property manager. This isn't really the type of question that anyone that can successfully self-manage even needs to ask. That's not an indictment of you - not everyone is cut out to self-manage properties; if they were @Nathan Gesner wouldn't have a job 😛.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Quincy Lockett:

Sorry, but you shouldn't rely on the police to explain the law. Here's the link to the law for Indiana and it clearly authorizes you to enter without permission for emergencies, as does every state I'm aware of: https://iga.in.gov/laws/2022/i...
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Corby GoadeBusiness Member
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
3y
The simple answer is that you need a property manager. If you have to ask this question and you are stressing out about it, you aren't in a position to self manage.
In these situations, you don't have to ask for permission. You give notice within the parameters of the law and your lease and you go.
Best of luck.
0 Reply
Michael SmytheBusiness Member
Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
3y
@Harita Konjeti wow, you've made a number of DIY mistakes.
1) You should NOT have let the tenant use their security deposit (SD) to pay rent! The SD is to cover damages when they move out.
2) You should have started eviction process when they missed rent payment.
3) You should know your state & local laws about landlord access and filed a Legal Entry Notice already.
You need to hire an eviction attorney ASAP and probably a Property Management Company, to save you from losing even more money than you already have.
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Quincy Lockett
South Holland, IL · Member since 2017 · 374 posts · 432 votes
3y
@Nathan Gesner

Again, ‘should” is a value judgement. I valued my life in that tense situation and chose not to force my way in (ironically with law enforcement present). The truth was inconsequential at that point when law enforcement is present and telling both parties that I can not enter. If you know police you would know correcting them does NOT produce favorable results.
As a result, I’ve LIVED to see another day and continue to profit greatly from that particular unit. If you choose the grave and being correct, that’s your value judgement. This great country allows for both.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Quincy Lockett:

@Nathan Gesner
I I think you're being a little dramatic and missing the point. I'm trying to impress on you the importance of knowing the law before a problem exists. Had you understood your rights and responsibilities as a landlord prior to the leak occurring, you probably would not have had a problem, you wouldn't need to waste the police officers time, and you would not feel threatened by your tenant.
And if the problem was already resolved and everything is hunky-dory, why did you ask for advice?
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