this tenant had denied me entry into the apartment 3 times yet files a breach of obligation because i haven't done repairs. the second time i tried to gain access she called the police on us because we came to her door to see if she would let the repairman in the next day. she tries to provoke us into saying things that seem like threats.so far i have refrained from taking the bait . but i'd say informing her we need entry to make repairs in front of 2 police officers is sufficient notice and proof of trying to make repairs. the next day she sent the breach of obligation. hello let us in and we'll make them. the reason i am most concerned is the roof is leaking and i had roofers check it out and repair it but she hangs up on me if i call so how do i know it's fixed?
2006-09-18 03:31:58 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
I FORGOT TO ADD THAT AFTER THE 24 HRS NOTICE THE DOOR WAS CHAINED FROM THE INSIDE SO I COULD NOT ENTER W/ THE KEY. THEN SHE WAS HOME THE OTHER TIME W/ THE SCREEN LATCHED SO I STILL COULDN'T GET IN BECAUSE SHE WOULDN'T ANSWER THE DOOR.
2006-09-18 04:09:30 · update #1
document.... document.... document. The incident with the police being called should help.
It sounds like she's trying to get out of her lease. If it's easy to get tenants, I'd let her out, she sounds like a pain.
2006-09-18 03:39:56 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
You file a complaint in municipal court and the Judge will set a date and time for entry. If she doesn't comply, she will be arrested.
"i'd say informing her we need entry to make repairs in front of 2 police officers is sufficient notice and proof of trying to make repairs"
No, it isn't. That may be your definition, but it probably doesn't meet your states definition. Sending her a certified mail a week in advance or slipping a notice under her door and leaving a phone message 24 to 48 hours in advance of when access is needed is notice.
Your state may also require the notices to be in an official format. You really should check up on the law in your area instead of making up your own definitions and proofs.
2006-09-18 08:03:10 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I would START the eviction process....You can fast track it because she is causing unnecessary and immediate continuing damage by denying you reasonable entry to fix things.
Your state spells out exactly how notice is to be given to a tenant and the timetable - 24 hrs, 2 days,etc....if you are following those rules, the Judge will allow you to expedite the eviction process because of her continually violating the lease.
In AZ, there is something called Material NonCompliance - that's what she is doing....Go to small claims today - most have days specific to landlord issues = request an expedited hearing because if you have to serve notice, wait 5 days your roof might cave in.....Don't delay....and document everything... Good luck.
2006-09-18 03:48:43 · answer #3 · answered by Paula M 5 · 0⤊ 0⤋
Take her to court. Not only is it probably in breach of her lease not to admit you to the apartment when repairs need to be made, but when she moves out the apartment will be in disrepair and you will not be able to rent it out which is MORE money out of your pocket. Take her to court and evict her for being an irresponsible tenant and possibly senile.
Additionally, if the roof is damaged and collapses, she will no doubt take you to court. The judge will probably decide in her favor saying you should have taken the matter to court a long time ago when the problem first started. Damage like that can also cause a chain reaction of damage to other tenants and then you could really be in trouble.
2006-09-18 03:33:57 · answer #4 · answered by tiger_lilly33186 3 · 2⤊ 1⤋
Every landlord has the right to access the property once giving a tenant reasonable notice.. It sounds as if you have done this, yet have failed to gain access. I assume you have keys for the property...
I would give appropriate notice in writing via certified mail return receipt (or overnight mail) with the date and time that you will be needing access. Then use your keys to access the property.
If you feel this will be a hostile situation, notify authorities of the situation. You should also consult with your real estate attorney.
Regards,
Joe Ballarino
http://www.JBnaples.com
2006-09-18 03:44:27 · answer #5 · answered by Joe_Ballarino 3 · 0⤊ 0⤋
have you given her a 24 hour notice of the repairs? if so then you are allowed to enter. brush up on your state laws and remeber that if she is in a month to month lease you have the right to raise the rent out of her price range. good luck.
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2016-12-12 10:30:57 · answer #7 · answered by ? 4 · 0⤊ 0⤋