Renting can be complicated, especially if you are a landowner who is highly involved in the maintenance of your property, or you’re a tenant, trying to ensure a lawful relationship is kept between yourself and that landowner.
If you’re worried about unlawfully entering a tenant’s property or if you’re a renter dealing with a dispute regarding access to your property, consider the following about the matter at hand:
If your landlord did not inform you that they were intending to visit, they are not legally permitted to enter the property. This notice to has to be given within a reasonable time period for a tenant to accept. As a landlord, you cannot send a text message to a tenant and then show up at the residence twenty minutes later, especially if you did not receive an affirmative response that it was ok to do so.
Give your tenant as much notice as you can. If you both agreed on repairs, but sure the tenant knows what they can expect for when you will be showing up. Maintenance on the property is a legitimate reason to be present at a residence. If you are a tenant, be sure to accept the request for a visit if you will be present and agree to have the landlord on the residence.
It many cases, an unlawful instance of entry into an occupied residence isn’t burglary, unless, of course, something was taken from the property. This issue can be considered trespassing in many cases. However, if you are a tenant and are dealing with a harassing landlord who visits your resident at odd hours, without your consent, and who potentially has entered your residence with the intent to commit a crime, charges for burglary may be at hand. Intent factors heavily into burglary convictions.
If you are a landlord and are concerned about charges levied against you by a tenant regarding confusion over entrance into a property, it’s best to contact a layer. You do have the ability to enter the residence without consent in some specific cases,
Protect yourself in the instance of a tenancy and landowner dispute by contacting our law firm. If you are a landlord being charged with trespassing, our criminal defense is here to demonstrate your innocence. Contact Archambault Law Firm immediately to begin planning your case.