The agent also state that I can only gain access to my own house if the tenant is in agreement. I had always thought that I could ask to view the houseat any time as long as I gave sufficient notice to all parties.
The problem has arisen as I gave the tenant three months notice to vacate the property and she is refusing to leave the property and it's all going to court. She has had the locks changed and also stated that the attic hatch 'fell down'. Now I used a hammer to knock the bolt into place for the attic hatch and then secured it with a padlock.
Has anyone got any advice on this? Is there any legal script that I can use to get into my house to examin my private property in my attic?
Thanking anyone and everyone in advance.
Bengimog
2006-10-14 06:05:44 · 14 answers · asked by bengimog 2 in Home & Garden ➔ Other - Home & Garden
Welcome to the real world of being a landlord,
It is not all plain sailing and making buckets of money.You will have to let the law take its course!
Next time you choose a tenant be a bit more selective!!!
2006-10-14 06:11:55 · answer #1 · answered by HIMSELF 3 · 0⤊ 0⤋
That sucks so bad, sorry!!
I know where I'm from, if I give 24 hours notice the tenant has to accomidate or set a time to come by. If you gave a 3 month notice to vacate it should have been just that...that sounds crazy to me, there are laws in place to protect you, you need to put your foot down and demand that your property and your rights be met. The tenant can not refuse access given proper notice, after a written 3 month notice you should be able to have the locks changed any remaining furniture etc...can be sold off at your pleasure. A friend of mine was recently given a notice that they had to move in 3 months, they took their time and didn't get out when they where told, the police where sent and gave them an eviction notice and told they had 48 hours to get their stuff out or they lose it.
I don't know where your from so the laws will differ, but I would have a damn good contract/lease written if you decide to rent again.
These are law....just looked it up...
As a landlord you have to give you a 24 hour notice verbally or in writing before visiting your apartment. If coming to show the apartment to a potential tenant, you can go between 9am to 9pm. If it is to make repairs,you can go between 7am and 7pm. And if it is an urgent repair, you may go with no notice at any time.
A landlord can apply to court for an order for possession of the property if for any reason the tenant or others living in the property have not left after being served with notice, or after a tenancy has ended.
The best thing to do is, do a google search for the province you live in...Tenancy Act....
Good luck and I really hope you get that "person" out of your home soon.
2006-10-14 06:32:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to check your copy of the contract you have with the tenants and with the letting agent. You can cancel your contract with the letting agent by giving the appropriate notice.
With regards to access, you have to give appropriate notice, but you do have the right to inspect your property as long as it is a convenient time for the tenant. I don't believe that the tenant has the legal right to change the locks or make any changes to the property without your permission.
Unfortunately, with rentals, the tenant has more rights than the landlord and it can be unbelievably difficult to get an eviction served. I really hope that this is a private rental because if you've rented via DSS or whatever it's called nowadays, you're going to have a hell of a time.
This website seems to have some fairly good info:
http://www.landlords.org.uk/advice.asp#15
You have my sincerest sympathies and I really hope this all works out for you.
2006-10-14 06:18:24 · answer #3 · answered by Sarah A 6 · 0⤊ 0⤋
I am a tenant and when I first started renting, didn't think the landlord had a right to hold keys. But later found out he did have the right. Although technically I went through an agent, my landlord lived downstairs, so not sure if agent had a set too. Second place, agent only held keys, third time I moved, rented direct from landlord, who also has keys. He can come anytime as long as he give advance warning. I believe( though check) that you can change locks and withold deposit. Good luck.
2006-10-14 08:35:22 · answer #4 · answered by india 3 · 0⤊ 0⤋
With a 3 day notice, You can enter your home for inspection. If the resident has changed locks, They must make sure you have a copy. If not, Remove the locks by drilling them off and replacing them, leaving the resident the bill. And a 30 day notice to vacate is good enough, Not 90 days. Unless they have a signed lease. If the lease is being broken in anyway, You have the right to file an Eviction.
2006-10-14 06:18:24 · answer #5 · answered by myothernewname 6 · 0⤊ 0⤋
Right, it is NOT illegal for you to have keys but you can only have access if the tenant agrees. It is difficult to win these cases and I know. Hopefully you have good reason to evict your tenant but this is a process that will take some time. Whatever you do make sure you have witnesses. Once the contract runs out squatters rights come in.
2006-10-14 06:43:05 · answer #6 · answered by wilf69 3 · 0⤊ 0⤋
No it is not illegal for you to hold set of keys. It is however illegal for you to forcfully enter the let property or threaten or harrass your tenant.
You are doing the right thing letting legal process take its course. What kind of lease did you sign - long term or short term. If you gave tenant adequate notice to quit the property as stipulated by the lease then the judge should issue her with an eviction order.
Is the letting agency much help? Doesnt sound like it. I dunno why people use them as they do nothing - you gotta fight this thing basically alone in the courts anyway (well with a lawyer you hire).
Good luck
2006-10-14 06:35:59 · answer #7 · answered by K 2 · 0⤊ 0⤋
Maybe you are not from the USA, where we call them 'leasing' agents. If you are in the USA, the tenant gained / controls access when they leased (or rented) the property for which you received $$. In the USA they are the legal occupant and people control their home. (Unless there is an emergency like broken water pipes). You will regain access if the court decides on the case in your favor.
If you are not in the USA, (as suggested by your term letting agent) you will be under the laws of the country you are in. ( although the court action sounds like USA)
2006-10-14 06:23:44 · answer #8 · answered by kate 7 · 0⤊ 0⤋
About the same thing happened to me. I rented my house to a Friend (big mistake) anyway, she started causing problems and so I got an eviction notice. She then changed the locks, I called the police dept. and had him there with me when I cut the locks and went in the house. Good thing it was a complete mess. As far as I know in Florida it was not against the law. Not sure in your state. Good luck...
2006-10-14 06:20:16 · answer #9 · answered by aloneathome 3 · 0⤊ 0⤋
No its not illigal for you to have a set of keys to your own property, in case of emergancys etc.
Also if you cannot gain access to verify the attic hatch then it is likley that that piece of the claim will be dismissed by the judge.
good luck with the court case
2006-10-14 06:14:59 · answer #10 · answered by Rich S 5 · 0⤊ 0⤋
well I am not sure but it would seem to me that you have an agreement with a property managment company or a property agent? so the "agent" is the one that has the agreement with the tenenant. you need to tell the agent to handle it that is what you pay them for.
also I believe you only need to give 24 hour notice to enter
2006-10-14 06:17:47 · answer #11 · answered by twowdtoy 2 · 0⤊ 0⤋