Comments for Tristan's Landlord - Tenant Law Blog

Comment on A Landlord Has Every Right To Enter His Rental Property . . . In Certain Situations. by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 16 May 2013 22:40:22 +0000

Carol – Thanks for your question. Please understand that I cannot give legal advice via this blog.

Some general thoughts however. If you have provided the appropriate notice to enter to show your rental property you are allowed to enter even if the tenant does not want you to or is not present.

If a tenant still prevents you access to show your unit after giving proper notice an argument can be madde, if you are unable to re-rent the unit for June, that the tenant’s actions are the direct casue of your inability to re-rent. Thus, an argument could be made that the tenant is responsible for June’s rent.

Whether or not you can and should keep her security deposit as a result depends on many additional factors and should be discussed further. Remember, if a court decides that you made an improper security depost deduction — the tenant can be awarded double damages and actual atty. fees.

Comment on A Landlord Has Every Right To Enter His Rental Property . . . In Certain Situations. by Carol Hochschild

Carol Hochschild — Mon, 13 May 2013 13:33:48 +0000

I have a tenant who refuses to let us show apartment even
with 24 hrs notice. We are trying to rent without showing,
however they are moving May 31st and we still don’t have a renter. If we cannot rent apartment, can we keep their security deposit. Renter says if we enter apartment, they will call the police. Thank you.

Comment on A Landlord Has Every Right To Enter His Rental Property . . . In Certain Situations. by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 06 May 2013 23:32:48 +0000

Robin — Thanks for your questions. Please understand that I cannot give legal advice via this blog.

You are allowed to enter the unit (assuming it is in WI) after posting a 12 hour notice for an inspection. Check any local ordinances where your rental is located to see if the notice requirement has been enlarged (i.e. City of Madison).

Take pictures of the unit and if anything is left behind. Whether or not a tenant has surrendered the rental property is a legal question that depends on the specifc facts.

I have had clients that have assumed the tenant vacated and then changed the locks only to be sued for engaging in a self-help eviction. So you should consult an attorney in your area who knows about this issue to assist you in deciding if the unit is abandoned or not.

Comment on Fair Housing – Part 3: Legal Reasons To Deny A Rental Applicant by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 06 May 2013 23:29:19 +0000

Susan — I would reccomend that you locate an attorney in your state that is knowledgable about L-T law to possibly advise you. Each state has different laws. So any rights that you may have in WI may not be the same in MS.

Comment on A Landlord Has Every Right To Enter His Rental Property . . . In Certain Situations. by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 06 May 2013 23:27:24 +0000

Thanks you for your kind words Elizabeth. I’m glad my blog has been helpful for you.

A maintenance perso would be an agent of the landlord, so generally speaking the notice to enter a tenant’s would be the same. There are exceptions regarding emergencies, and if the tenant requests the maintenance person to come repair something, so the state law re: 12 hour’s notice may not always be necessary depending on the specific facts.

Comment on HUD Issues Notice on Assistance Animals and Reasonable Accomodations For Persons with Disabilities by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 06 May 2013 23:24:55 +0000

RA requests are handled on a case by case basis and are very fact-specific. So if such a situation would arise you would have to evaluate it at that time. However having a general rule that tenants with assistance animals are not allowed in a building because a current tenant has an allergy would most likely be in violation of FH laws.

Comment on Compiling a List of “Bad” Tenants – a/k/a “Blacklisting” – Can Cause A Landlord A World of Hurt by Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 06 May 2013 23:23:18 +0000

Good advice Jan. Thanks