For single-family rental home investors in Merced, carefully screening your tenants is one of the best ways to mitigate future problems. Except that the truth is that against your best shot, there’s still an option that you will undergo a problem tenant or two. If affairs between you and your tenant do go irredeemably wrong, you may wonder whether it is appropriate to call the police on your tenant. Before you pick up the phone, nevertheless, you should realize some of the chief differences between standard laws and landlord/tenant laws.
In some states, tenants bear certain protections granted to them by law. This entails that if you contravene a tenant’s rights, even if you have a feeling that it’s the right thing to do, you could end up getting trouble with the law rather than of your tenant. For instance, you may assume that a tenant who stays too long on their lease is legally trespassing on your property and can be removed by the police. Unluckily, this is not the situation.
Once you’ve rented a property to a tenant, the law enforcers have no authority to remove them from the property. This is because you have given up certain rights to the property while it is occupied by the tenant. This is for real even if their lease has expired and you have requested that they vacate the property. In such circumstances, regular trespassing laws do not apply. Just to pressure the tenant to vacate the property, you will be mandated to legally evict them by procuring a court order.
Another key difference between standard laws and landlord/tenants laws scope on how and when you can come into a leased property, or give permission for someone else to do so. In most states, landlord/tenant laws require property owners to give advance notice prior to entering an occupied rental home. Unplanned and unannounced visits are typically illegal, no matter the reason. This same law deals with police officers and others who may need admittance to the rental home.
Under standard laws, the property owner is the one who has the authority to grant access to the property. But then tenant/landlord laws grant this right to the tenant. Covered by most conditions, landlords do not have the authority to invite the police or anyone else into the property sans the tenant’s approval. The one exception to this rule is in an emergency situation, police or emergency personnel may legally enter the rental house if someone inside is in dire need of assistance.
Despite these protections, however, there may be times when calling the police on your tenant is necessary. For example, if you encounter a situation that you feel is putting anyone in danger, it may be time to call the police. Being a property owner, the majority of the disputes can be reformed in a professional and sympathetic approach. But if you feel that your personal safety or that of your tenant, a neighbor, or someone else is under trouble, contact the proper authorities.
The same thing is real once you uncover that your tenant is involved in criminal activity. Landlord/tenant laws do not protect tenants from being held accountable for their illegal activities. If you have a basis to speculate that the tenant is participating in a function such as illegal drug use or distribution, or any other clear violations of both your lease and the law, it is time to contact the authorities and tell them what you know. They can then assist you to protect the property in accordance with local laws. Just bear in mind that criminal charges, if proven, are different from the legal process of eviction. Even if your tenant is captured or sent to prison, you will still be directed to go through the full eviction process to regain control of your rental property. Being arrested does not alter your tenant’s rights to occupy the property as stated on the landlord/tenant law.
Though no property titleholder likes a rental condition to come out this way, it is valuable to be up-to-date and ready just in case. Tenant relations can be a challenge and are always one of the most exacting characteristics of a landlord’s task. But help is available.
Real Property Management Valley Wide can help property titleholders with all features of tenant correspondence. Our Merced property management professionals will work with your tenants, undertaking any disastrous situations that may occur. This will save you time and, as they say, time is money. To learn more, contact us online or call us at 209-722-7761
for more information.
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