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

Fort Lauderdale Woman Inviting Her Landlord Inside the HousePart of being a landlord is being responsible for maintenance on your property. When you have renters in your investment property, however, you generally owe your renters advanced notice before anyone goes to the property. Your property becomes the renter’s home once you turn over the keys. At the end of the day, just because you are the owner of a rental property in Fort Lauderdale doesn’t mean you can encroach on the lives of your residents without proper notification. Even if you mean to just 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 brush up on 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 instance, twenty-four hours is the most typical notice requirement for somebody other than the tenant or their guests to enter the property, regardless of whether the resident is home or not. A few other locations further restrict entry to times of the day and days of the week, so ensure you comprehend and follow the laws in your area in such manner. It might appear to be a small observance; it’s certainly justified regardless of the wait.

Exceptional cases to this may incorporate 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 change the temperature of the home or invite criminal activity. As a landlord, you should keep the residence “habitable,” so your legal obligation may trump the obligation to notify residents of entry. More often than not, the inability to conduct emergency repairs within the time allotted as specified by your state law could constitute neglect.

You and your tenants should likewise keep your property up to the local building or housing codes. On the off chance that an absence 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, look for 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 incorporate whether your renter requested repairs or maintenance, which would show that they expected and agreed 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.

Eventually, you should 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 Asset Solutions not only provides for proper notice and communication with the tenants for routine maintenance, repairs, and property evaluations, we also keep you in the know regarding all features of your rental property. For more information on how we can make your life easier, contact us or call us at 954-889-5627.

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.