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Can Brook Line Property Owners Be Charged with Trespassing on Their Own Rental Property?

Woman Inviting Her Landlord Inside the HouseAs a landholder, you will be responsible for maintenance on your property. When you have renters in your asset property, despite that, you have to give your renters advanced notice beforehand if you’re planning to come to the property. Your property turns into a renter’s home once you turn over the keys. It doesn’t mean that just because you hold rental property in Brook Line doesn’t denote you can break on the daily life of your residents minus proper notification. Even if you modestly mean to exchange a furnace filter, whatever unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law, so refresh on the legality of your entry as a landlord. Outline the terms for notice to be given before entry in the lease so you don’t violate your renter’s privacy. As an illustration, twenty-four hours is the major typical notice requirement for anybody other than the tenant or their visitants to come into the property, providing the resident is at home or not. There are sites that also restrict entry to times of the day and days of the week, so confirm that you discern and follow the laws in your area in this respect. It may appear like a slight advertence, but deeming the alternative, it’s well worth the wait.

Reservations to this may comprise emergency repairs or safety issues, comprise of faulty wiring that poses a fire hazard, burst pipes leaking into another unit or broken windows and doors that could impact a bearable condition or cause unlawful pursuit. As a landholder, you should maintain the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. As a matter of fact, unable to administer emergency repairs during the time duration indicated by your state law could constitute neglect.

You and your tenants should also get your property updated to the local building or housing codes. If a deficiency of maintenance or a renter’s extended absence is affecting heat or ventilation, or broken fixtures are preventing the adequate provision of water or electricity, then as the landholder, you could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, search for legal counsel as to whether or not you have a reasonable right to enter the premises to carry recondition projects.

One more exception to criminal trespassing is implied permission. This would comprise of whether your renter requested repairs or maintenance, which would comprise that they awaited and agreed to your entry of the premises. Unless it is explicitly stated in the lease that notice should be provided for all repairs, you may be covered from a liability standpoint. Keep documentation of all maintenance requests to avoid the risk of a lawsuit.

Finally, you have to respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not present you the authorization to drop by without notice. You must submit proper notification of future entry. Illegal entry can result in fines up to several hundred dollars, or even jail time depending on your state.

Real Property Management Boston not just supports for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also make you clued-up concerning all sides of your rental property. For more info on how we can make your life breezier, contact us or call us at 617-996-0708.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.