Tenant Rights vs. Landlord Access: Trespassing Concerns for Property Owners

As long as you follow the applicable laws and lease agreements, you as the rental property owner have the legal right to access your property for maintenance, repairs, inspections, or to show it to prospective tenants or buyers. When entering the property, notify your tenants in advance, respect their privacy, and be clear about your goals. By following these guidelines, you can keep up a smooth relationship with your tenants and fulfill your obligations as a landlord.

Keep in mind that even if you own the property, trespassing charges may still apply in certain instances. Examples of these situations include:

1. Lease Agreement Violations: If you break those terms for access to the property in your lease agreement with the tenant, you may face trespassing charges. If you enter the property without proper notice or for a valid reason outlined in the lease, for example, the tenant may view it as a breach of contract.
2. Tenant’s Rights Violations: A tenant’s right to quiet enjoyment of their rental property includes the right to privacy and the sole use of the space during the term of the lease. Legal issues, including trespassing charges, could arise if you enter the property without notice, significantly interfere with the tenant’s right to peaceful enjoyment, or harass the tenant.
3. Lockouts and Unlawful Eviction: Without adhering to the proper legal eviction procedures, attempting to physically evict a tenant from the property may result in trespassing charges. Without a court order, locking out a tenant from their rental unit is usually illegal.
4. Criminal Intent: If you enter the property with the intent to steal, cause damage, or carry out any illegal activity, you could be charged with trespassing, just like any other unauthorized person.
5. Local Laws and Regulations: Each jurisdiction has its own rules governing landlord-tenant relationships and property access. Failure to comply with local regulations may result in trespassing charges. Local regulations may impose specific requirements on landlords.

Avoid Potential Trespassing Charges

Respecting your tenant’s rights and always adhering to the terms of your lease agreement are essential. You must also become familiar with the local laws and regulations that govern landlord-tenant relationships. Additionally, it is essential to avoid disputes and legal issues by providing proper notice to tenants before entering the property for legitimate purposes, such as maintenance or inspections.

Ultimately, you should respect your renter’s possessory rights. Despite being your home, it is their home. You are not allowed to enter the property without notice or good reason just because of your property ownership. A proper notification of future entry must be submitted. Depending on your state, illegal entry may result in fines of several hundred dollars or even jail time.

It is advised to seek legal counsel from a real estate and landlord-tenant law specialist if you have questions or concerns about your rights and responsibilities as a landlord.

For routine maintenance, repairs, and property evaluations, Real Property Management Cache Valley follows proper notice and communication procedures with our tenants. We also keep you updated on all aspects of your rental property. Everything is quick and effective, and property law is fully observed. Contact us or give us a call at 435-753-5200 to learn more about how we can improve your quality of life in Logan or the surrounding area.