As a rental property owner, you’re entitled to the legal right to access your property for upkeep, fixes, and inspections, or to show it to prospective tenants or buyers, as long as you follow the applicable laws and lease agreements. Give your tenants advance notice when entering the property, respect their privacy, and be clear about your goals. You can maintain a smooth relationship with your tenants and meet your obligations as a landlord by staying true to these standards.
It is critical to remember that even if you own the property, you may face trespassing charges in certain instances. Examples of these situations include:
- Lease Agreement Violations: You may be confronted with trespassing allegations if your lease agreement with the renter contains terms for access to the property and you break those terms. The tenant may think it’s a breach of contract if you enter the property without proper notice or a legitimate reason stated in the lease.
- Tenant’s Rights Violations: Tenants have the right to peaceful enjoyment of their rental property, which means they have the right to privacy and exclusive use of the property during the lease term. Legal issues, including trespassing charges, could arise if you enter the property without notice, interfere excessively with the tenant’s right to peace, or pester the tenant for any reason.
- Lockouts and Unlawful Eviction: If a tenant is physically removed from the property without following the proper legal eviction procedures, trespassing charges may be brought. Without a court order, it is typically illegal to lock a tenant out of their rental unit.
- Criminal Intent: If you enter the property to steal, damage, or participate in any unlawful conduct, you can be charged with trespassing just like any other unauthorized person.
- Local Laws and Regulations: Laws regarding landlord-tenant relationships and property access can vary from one jurisdiction to another. Local regulations may impose specific requirements on landlords, and failure to adhere to these regulations could result in trespassing charges.
Avoid Potential Trespassing Charges
It’s necessary to familiarize yourself with the laws and regulations governing landlord-tenant relationships in your area, respect your tenant’s rights, and always follow the lease agreement terms. Additionally, providing proper notice to tenants before entering the property for legitimate reasons, such as maintenance or inspections, is crucial to avoid disputes and legal issues.
Ultimately, you should respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not authorize you to drop by without notice or good reason. You must submit a proper notification of future entry. Illegal entry can result in fines of up to several hundred dollars or even jail time, depending on your state.
If you have questions or concerns about your rights and responsibilities as a landlord, it’s advisable to seek legal advice from a real estate and landlord-tenant law specialist.
Real Property Management Empire practices proper notice and communication with our tenants for routine maintenance, repairs, and property evaluations; we also inform you regarding all facets of your rental property. Everything is speedy and efficient, with full observance of property law. For more information on how we can make your life easier in Lakeland or the surrounding area, contact us or call us at 813-867-7300.
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.