Skip to Content

Get a FREE assessment of your rental property. Start here!

Get a FREE assessment of your rental property. Start here!

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

Woman Inviting Her Landlord Inside the HouseAs a responsible landlord, it is you who is responsible for maintenance on your property. When you have renters in your investment property, nonetheless, you, for the most part, owe your renters advanced notice before anybody else goes to the property. Your property converts into the renter’s home once you turn over the keys. In other words, just because you own a rental property in Berwyn doesn’t mean you can intrude on the lives of your residents without proper notification. Regardless of whether you intend to change a furnace filter, any unannounced entry could result in your resident levying charges of criminal trespassing.

Definitions of “reasonable notice” vary with state law, so look over 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. For example, twenty-four hours is the most typical notice requirement for someone who is not the tenant or their guests to enter the property, whether the resident is home or not. A couple of different locations further restrict entry to times of the day and days of the week, so guarantee you recognize and follow the laws in your area in such a way. It may give off an impression of being a little recognition; but considering the alternative, it’s well worth the wait.

Exceptions to this may take in emergency repairs or safety issues, such as faulty wiring that poses a fire hazard, burst pipes leaking into another unit, or broken windows and doors that could alter the temperature or invite criminal activity. As a landlord, you ought to keep the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. In fact, failure to conduct emergency repairs within the time frame determined by your state law could constitute neglect.

You and your tenants must also keep your property up to the local building or housing codes. If a lack 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 landlord, you could face penalties for violating standards of living. If your tenants are not upholding the sanitation and structure of your property, seek legal counsel as to whether you have a reasonable right to enter the premises to conduct repairs.

Another exception to criminal trespassing is implied permission. This would comprise whether your renter requested repairs or maintenance, which would demonstrate that they expected and therefore gave approval 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.

In the end, you must respect your renter’s possessory rights. It may be your house, but it’s their home. Your property ownership does not give 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 Chicago Edge not only provides for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we likewise keep you up to date in regards to all highlights of your investment property. For more information on how we can make your life easier, contact us or call us at 773-904-7700.

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.