Q: Ptld OR:Tenants refusing to entry to yard for necessary maintenance to main plumbing pipe replacement. What can I do?
There is only entrance to the main plumbing supply pipe. To replace 47 years old end of life pipe, the only way to anccess is digging underneath the unit from exterior side of tenants porch. It took approximately 2-3 days to dig for 20 ft creating clawl spaces, access and replace the 6 ft the main supply pipes to few units. With twice notices, 72 hours and 24 hour notices to enter his yard, the tenants made a big deal out of it threatening that he sues me for his privacy.
Then he demanded to create his vegetable boxes in common yard area, instead of suing me.
Afraid of him, the manager gave the vegetables boxes what he wanted at time. As the result, he now claims entire common area as his private yard refusing any entry by the owner or the management.And the management only area where water tank and entire building elec panels, building supplies as his junk storage area now.
Now he refuses any access for necessary yard maintenance including annual soil adding for erosion.
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A:
As a landlord, you have the right to enter the property to perform necessary maintenance and repairs, especially in emergency situations like a major plumbing issue. Here are some steps you can take:
1. Communicate clearly: Send written notices to the tenant explaining the necessity of the repair work and the legal right you have to enter the property for this purpose. Cite relevant sections of your lease agreement and local landlord-tenant laws.
2. Offer accommodations: Try to work with the tenant to find a mutually agreeable time for the repairs and offer to minimize the disruption as much as possible.
3. Seek legal advice: Consult with a local landlord-tenant attorney to understand your rights and obligations under the specific circumstances. They can help you draft appropriate notices and advise on how to proceed if the tenant continues to refuse access.
4. Document everything: Keep detailed records of all communications with the tenant, including notices sent, any responses received, and dates/times of attempted repairs.
5. Consider mediation: If the tenant remains uncooperative, you may want to propose mediation as a way to resolve the dispute and reach a mutually agreeable solution.
6. Formal legal action: As a last resort, if the tenant continues to refuse access and the situation becomes untenable, you may need to initiate formal eviction proceedings or seek a court order granting access to the property. However, this should only be done with the guidance of an attorney and after exhausting other options.
Remember, it's crucial to follow proper legal procedures and act in accordance with your local landlord-tenant laws to protect your rights and avoid potential legal issues.
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