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  #1   Report Post  
 
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Default Tenants will not allow access to make repair

Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William

  #2   Report Post  
Mike Foss
 
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Default Tenants will not allow access to make repair

" wrote in message ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?


Depends on your state's laws. As far as I know most have a
24-hour advance notification requirement, which is waived if
a necessary repair is endangering life or property.


  #3   Report Post  
 
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Default Tenants will not allow access to make repair


Mike Foss wrote:
" wrote in message ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?


Depends on your state's laws. As far as I know most have a
24-hour advance notification requirement, which is waived if
a necessary repair is endangering life or property.


Greetings,

In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.

Hope this helps,
William

  #4   Report Post  
SteveB
 
Posts: n/a
Default Tenants will not allow access to make repair


" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William


What in the world are you doing asking here? You don't even say which state
you are in.

Go to the local authorities, get the information, and do it by the book.

I live in Nevada. What you are doing makes as much sense as me asking what
the weather is going to be like tomorrow. From someone in Vermont!

Steve


  #6   Report Post  
olaf
 
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Default Tenants will not allow access to make repair


" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William


How do you know the water is leaking? They probably have a grow operation
down there and the water is 'leaking' to hydrate their crop.


  #7   Report Post  
 
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Default Tenants will not allow access to make repair


By all means contact a lawyer and have cops cary out order. Around
here breaking down a door or forcing entry will get you shot and under
our law the shooter will walk.

On 16 Oct 2005 16:14:05 -0700, "
wrote:

Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William


  #8   Report Post  
Norminn
 
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Default Tenants will not allow access to make repair



olaf wrote:
" wrote in message
ups.com...

Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William



How do you know the water is leaking? They probably have a grow operation
down there and the water is 'leaking' to hydrate their crop.



Would be interesting to check electric utility bills and let the PD know
if there is unusual usage since they moved in )

Do you have a lease? What does it say about access? Jeesh - definitely
a situation for an attorney.

  #9   Report Post  
Edwin Pawlowski
 
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Default Tenants will not allow access to make repair


"Norminn" wrote in message

Jeesh - definitely a situation for an attorney.


Why? Do you think the OP is not capable or reading?


  #10   Report Post  
Greg O
 
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Default Tenants will not allow access to make repair


" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William


Send them a certified letter that the water will be turned off at a certain
date "to prevent further damage" unless they allow repairs to be made.
Greg




  #11   Report Post  
Pat
 
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Default Tenants will not allow access to make repair



Send them a certified letter that the water will be turned off at a
certain date "to prevent further damage" unless they allow repairs to be
made.
Greg



Illegal!


  #12   Report Post  
Pat
 
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Default Tenants will not allow access to make repair

In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to court. The
court will issue a court order that the police will be able to enforce. If
there is risk of property damage the process can usually be speeded up.
Similar to a 30 day eviction only faster.


  #13   Report Post  
PaPaPeng
 
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Default Tenants will not allow access to make repair

On Sun, 16 Oct 2005 20:57:01 -0400, "olaf"
wrote:

How do you know the water is leaking? They probably have a grow operation
down there and the water is 'leaking' to hydrate their crop.



My thoughts exactly. A worse scenario will be a meth lab. Then your
house becomes condemned as uninhabitable. Why would any tenant be
that "private?" Any concerns about privacy would have been resolved
by their being present when you inspect.
  #14   Report Post  
Robert Green
 
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Default Tenants will not allow access to make repair

" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs.


I might have missed it, but what's your evidence that there's a water leak?
High water consumption could come from a lot of causes. To get any sort of
emergency relief you'll have to convince someone that you know for sure
there's a leak.

The wide range of responses you've gotten here indicate that you should seek
out a local landlord/tenant agency and ask them what your rights are. I
suspect that much will rest on the lease terms - you do have a signed lease,
don't you?

--
Bobby G.



  #15   Report Post  
 
Posts: n/a
Default Tenants will not allow access to make repair


Captain Joe Redcloud wrote:
On 16 Oct 2005 16:34:02 -0700, "
wrote:


Mike Foss wrote:
" wrote in message ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Depends on your state's laws. As far as I know most have a
24-hour advance notification requirement, which is waived if
a necessary repair is endangering life or property.


Greetings,

In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.

Hope this helps,
William


Is damage happening to your property, or the possibility of damage? What exactly
do you mean by "water is leaking in the basement"?


There is a pipe joint which is spewing water.


In most states, if there is reason to enter to prevent damage, you would have
the right to cut chains, or break down any barriers with or without notice.


Yesterday the tenant was in the house and I would have had to
physically push past them. I called the police and they were unwilling
to intervene more than talk to the tenant.

Further, you can probably sue the tenants and make them responsible for any
damage caused or exacerbated by their actions.


I am evicting them. They have bad credit. They don't care about worse
credit.

They probably don't have any
money, but they'll have a very hard time ever finding another rental with your
lawsuit as part of their credit report.


OK... but that doesn't help my problem.


More details about the type of rental, the location and the reason the tenants
seem to resist would help.


The rental is a single family home and as far as I can tell they would
rather just let the water run as it is costing me money and I am
evicting them.

Meanwhile, no one can give you valid legal advice for
your situation in usenet, including lawyers. You probably need to retain a
lawyer at this point. If the rental agreement does not include some of the
things I mentioned, you badly need a lawyer anyway.


I need a lawyer to get access to my own property to repair it?



Captain Joe Redcloud




  #16   Report Post  
 
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Default Tenants will not allow access to make repair


PaPaPeng wrote:
On Sun, 16 Oct 2005 20:57:01 -0400, "olaf"
wrote:

How do you know the water is leaking? They probably have a grow operation
down there and the water is 'leaking' to hydrate their crop.



My thoughts exactly. A worse scenario will be a meth lab. Then your
house becomes condemned as uninhabitable. Why would any tenant be
that "private?" Any concerns about privacy would have been resolved
by their being present when you inspect.


I don't think it is a grow or meth lab. I think they don't want me to
fix it out of spite because it is costing me money and I am kicking
them out.

  #17   Report Post  
Doug Kanter
 
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Default Tenants will not allow access to make repair


"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to court.
The court will issue a court order that the police will be able to
enforce. If there is risk of property damage the process can usually be
speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming flooded
because my tenants won't let me and the cops can't help - I need a judge to
do whatever is necessary TOMORROW so the cops will accompany me blah blah
blah....". There are certain experiences which get sympathy from all
sentient beings in civilized countries. A flooded basement is one of them.

2) Walk into police station, ask to speak with commanding officer, see if
he/she has a creative idea, or can send an officer who has more experience
with these situations. The law is the law, but there *are* cops who are
pretty creative with words. I've seen it. Finally, ask the CO if he's got
any connections that'll get to a judge faster, so the necessary paperwork
can be obtained. When they need a warrant quickly, they don't wait for
weeks.

3) Call insurance company NOW and inform agent of what's going on. If there
are angles for dealing messes like this, you need to know about them. If
your agent gives you a blank stare, you need a new agent. If you're going to
continue renting to slimeballs, you may need to explore more options on your
policy.

4) Get out the yellow pages and start calling cleaning companies. Not "maid
services", but companies who know how to do major cleanups in houses where
(for instance), people have been arrested after being found to have 84
abused pets and the floors & carpets are atrocious. The police or fire dept
may be able to provide names. When dead bodies are found, especially gunshot
victims, the situation often requires more than your usual carpet cleaning
company. Why do all this? If you turn off the water at the curb, as someone
else suggested, your tenants are probably going to "misbehave". Interview
cleaning services and have a name ready to call. A friend of mine had a
sewer back up into his basement a few years back. He couldn't seem to get it
completely clean. He found a company that had the job done in a couple of
hours. They exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain types of
rental properties. Cut off all contact with this idiot.


  #18   Report Post  
Doug Kanter
 
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Default Tenants will not allow access to make repair


"Robert Green" wrote in message
...
" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs.


I might have missed it, but what's your evidence that there's a water
leak?


Good question. Mr. Landlord still hasn't told us how he knows there's a
leak. Hmmm.....


  #19   Report Post  
Doug Kanter
 
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Default Tenants will not allow access to make repair


"Pagan" wrote in message
...
"Captain Joe Redcloud" wrote in message
...
On 17 Oct 2005 02:32:17 -0700, "


wrote:

Meanwhile, no one can give you valid legal advice for
your situation in usenet, including lawyers. You probably need to

retain a
lawyer at this point. If the rental agreement does not include some of

the
things I mentioned, you badly need a lawyer anyway.

I need a lawyer to get access to my own property to repair it?


Well, yes it appears that YOU do. The alternative, of course is that you

can sit
and steam for the next 3-6 months while eviction slowly works it's way

along.
Your insurance is not going to pay for any damage caused by the leak

unless you
mitigate the damage by fixing the pipe immediately. They don't care one

bit what
you have to do to get the repairs done. First thing to do is get the
water
turned off at the street, and padlocked.


In some states, especially CA, you can't do that. Turning off utilities
on
rental properties can get you in legal trouble.

Pagan



I'm sure the water authority will inform him of that when he calls.


  #20   Report Post  
Pagan
 
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Default Tenants will not allow access to make repair

"Captain Joe Redcloud" wrote in message
...
On 17 Oct 2005 02:32:17 -0700, "


wrote:

Meanwhile, no one can give you valid legal advice for
your situation in usenet, including lawyers. You probably need to

retain a
lawyer at this point. If the rental agreement does not include some of

the
things I mentioned, you badly need a lawyer anyway.


I need a lawyer to get access to my own property to repair it?


Well, yes it appears that YOU do. The alternative, of course is that you

can sit
and steam for the next 3-6 months while eviction slowly works it's way

along.
Your insurance is not going to pay for any damage caused by the leak

unless you
mitigate the damage by fixing the pipe immediately. They don't care one

bit what
you have to do to get the repairs done. First thing to do is get the water
turned off at the street, and padlocked.


In some states, especially CA, you can't do that. Turning off utilities on
rental properties can get you in legal trouble.

Pagan




  #21   Report Post  
Abe
 
Posts: n/a
Default Tenants will not allow access to make repair

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

In NYC, my Father owned a rental. When he had to get access to a
resistant tenant's place, the police told him that the Sheriff's Dept.
would help, and they did indeed escort him in, threatening the tenants
with arrest if they didn't comply, or denied entry to my Father in the
future.
  #22   Report Post  
m Ransley
 
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Default Tenants will not allow access to make repair

I think you have left out alot of details.

Your lease if you have one will state your rights, usualy in my state
24 hr notice is all that is necessary but some preprinted leases do not
have that provision. and your entry is illegal if denied. Read your
lease. And include "Lanlord may Enter Anytime" in your next one .

You say you are evicting them, go rent Pacifc Heights the movie [ I
think that is the movie I remember]. Im sure they are hostile and hate
you also. The Police ,County Court Clerk or DA will give you Free
correct advise for your individual situation, no need to pay an atty,
yet. But you might be better off with one as you do not know your rights
or anything.

You say you are evicting them, learn your states laws, we dont know
them. Free online legal advise is at www.FreeAdvise.com

If you have legal rights to enter, do so and cut the chain, but be real
carefull and do it with the police , if police refuse, a partner and a
pocket Voice Recorder , and camera-better camcorder.

They are likely hiding something, I ve had drug dealers-users deny
access, And I`ve had rent scam Pros refuse to pay knowing they would
get many months till the sherriff would actualy evict,3-6mo and most
cold weather states do not evict in winter. You may have a long battle
of no rent money and this is their game, but you give no details on your
location or lease.

Do not break the law, do not turn off utilties. learn the law and act
fast. You have leagal rights, use them correctly, legaly or they will
win.

  #23   Report Post  
z
 
Posts: n/a
Default Tenants will not allow access to make repair


Captain Joe Redcloud wrote:
On 17 Oct 2005 02:32:17 -0700, "
wrote:

Meanwhile, no one can give you valid legal advice for
your situation in usenet, including lawyers. You probably need to retain a
lawyer at this point. If the rental agreement does not include some of the
things I mentioned, you badly need a lawyer anyway.


I need a lawyer to get access to my own property to repair it?


Well, yes it appears that YOU do. The alternative, of course is that you can sit
and steam for the next 3-6 months while eviction slowly works it's way along.
Your insurance is not going to pay for any damage caused by the leak unless you
mitigate the damage by fixing the pipe immediately. They don't care one bit what
you have to do to get the repairs done. First thing to do is get the water
turned off at the street, and padlocked.


Captain Joe Redcloud


Yeah, if you're already evicting them, there isn't much else you can
do. They could well be looking to damage the place just for spite.
Anyway, you could also try asking them if they'd let a plumber in; or
else (yucky as it sounds) offer them some sort of bribe to behave
themselves until they leave; let you in, don't damage things, etc.
Payabe after departure, would be a good idea.

  #24   Report Post  
Bob
 
Posts: n/a
Default Tenants will not allow access to make repair


" wrote in message
oups.com...

Mike Foss wrote:
" wrote in message

ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?


Depends on your state's laws. As far as I know most have a
24-hour advance notification requirement, which is waived if
a necessary repair is endangering life or property.


Greetings,

In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If it were me, I'd immediately begin the eviction process. They are most likely doing something very illegal, which
could put your property at risk of confiscation.

Bob


  #25   Report Post  
Doug Kanter
 
Posts: n/a
Default Tenants will not allow access to make repair


"Bob" wrote in message
...

" wrote in message
oups.com...

Mike Foss wrote:
" wrote in message

ups.com...
Greetings,

I have some tenants which have water running (leaking) in the
basement
but they will not let me in to make repairs. What are my rights to
get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Depends on your state's laws. As far as I know most have a
24-hour advance notification requirement, which is waived if
a necessary repair is endangering life or property.


Greetings,

In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If it were me, I'd immediately begin the eviction process. They are most
likely doing something very illegal, which
could put your property at risk of confiscation.

Bob



Interesting thought. Might be a good idea for the OP to keep detailed
records of everyone he speaks with, especially individual cops and their
badge numbers. Complaints in writing couldn't hurt, either.




  #26   Report Post  
Goedjn
 
Posts: n/a
Default Tenants will not allow access to make repair


Jeesh - definitely a situation for an attorney.


Why? Do you think the OP is not capable or reading?

He needs the attoryney because the first thing he should
do after shutting off the water is sell the property,
given that he's manifestly not mentally prepared to
manage it.
  #28   Report Post  
Duane Bozarth
 
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Default Tenants will not allow access to make repair

zxcvbob wrote:

....

Contact the sheriff rather than the police. Sheriff should have a lot
more experience with this sort of thing. I'm guessing they will send a
deputy out there with you when you go with the bolt cutter to cut the
chains or drill the locks.


I wouldn't expect any more and probably far less...

In at least some jurisdictions, sheriffs do not have authority inside
the city--only the county. In general, it's a good way to get in the
middle of a turf war you don't want to be in...
  #29   Report Post  
zxcvbob
 
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Default Tenants will not allow access to make repair

Duane Bozarth wrote:

zxcvbob wrote:

...


Contact the sheriff rather than the police. Sheriff should have a lot
more experience with this sort of thing. I'm guessing they will send a
deputy out there with you when you go with the bolt cutter to cut the
chains or drill the locks.



I wouldn't expect any more and probably far less...

In at least some jurisdictions, sheriffs do not have authority inside
the city--only the county. In general, it's a good way to get in the
middle of a turf war you don't want to be in...



[Speaking in general terms because it may vary from state to state]
Sheriff outranks everybody but the governor. He (she) does have
authority in the city; just generally doesn't assert it for criminal
matters. But this is a *civil* matter that the police don't want to
mess with anyway. That's where the sheriff's office usually excels --
plus the sheriff is an elected official and so has some accountability
to the voters.

Bob
  #30   Report Post  
PipeDown
 
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Default Tenants will not allow access to make repair


"Doug Kanter" wrote in message
...

"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to court.
The court will issue a court order that the police will be able to
enforce. If there is risk of property damage the process can usually be
speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming flooded
because my tenants won't let me and the cops can't help - I need a judge
to do whatever is necessary TOMORROW so the cops will accompany me blah
blah blah....". There are certain experiences which get sympathy from all
sentient beings in civilized countries. A flooded basement is one of them.

2) Walk into police station, ask to speak with commanding officer, see if
he/she has a creative idea, or can send an officer who has more experience
with these situations. The law is the law, but there *are* cops who are
pretty creative with words. I've seen it. Finally, ask the CO if he's got
any connections that'll get to a judge faster, so the necessary paperwork
can be obtained. When they need a warrant quickly, they don't wait for
weeks.

3) Call insurance company NOW and inform agent of what's going on. If
there are angles for dealing messes like this, you need to know about
them. If your agent gives you a blank stare, you need a new agent. If
you're going to continue renting to slimeballs, you may need to explore
more options on your policy.

4) Get out the yellow pages and start calling cleaning companies. Not
"maid services", but companies who know how to do major cleanups in houses
where (for instance), people have been arrested after being found to have
84 abused pets and the floors & carpets are atrocious. The police or fire
dept may be able to provide names. When dead bodies are found, especially
gunshot victims, the situation often requires more than your usual carpet
cleaning company. Why do all this? If you turn off the water at the curb,
as someone else suggested, your tenants are probably going to "misbehave".
Interview cleaning services and have a name ready to call. A friend of
mine had a sewer back up into his basement a few years back. He couldn't
seem to get it completely clean. He found a company that had the job done
in a couple of hours. They exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain types
of rental properties. Cut off all contact with this idiot.


Think twice before calling the insurance company for advice. At least don't
identify your policy number or address. I have heard (though I cant prove)
that in the past, people's premiums have been increased or policies
cancelled simply for inquiring about certain claims.




  #31   Report Post  
Doug Kanter
 
Posts: n/a
Default Tenants will not allow access to make repair


"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door they
had a chain on it. I called the police which arrived and talked to the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to court.
The court will issue a court order that the police will be able to
enforce. If there is risk of property damage the process can usually be
speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming flooded
because my tenants won't let me and the cops can't help - I need a judge
to do whatever is necessary TOMORROW so the cops will accompany me blah
blah blah....". There are certain experiences which get sympathy from
all sentient beings in civilized countries. A flooded basement is one of
them.

2) Walk into police station, ask to speak with commanding officer, see if
he/she has a creative idea, or can send an officer who has more
experience with these situations. The law is the law, but there *are*
cops who are pretty creative with words. I've seen it. Finally, ask the
CO if he's got any connections that'll get to a judge faster, so the
necessary paperwork can be obtained. When they need a warrant quickly,
they don't wait for weeks.

3) Call insurance company NOW and inform agent of what's going on. If
there are angles for dealing messes like this, you need to know about
them. If your agent gives you a blank stare, you need a new agent. If
you're going to continue renting to slimeballs, you may need to explore
more options on your policy.

4) Get out the yellow pages and start calling cleaning companies. Not
"maid services", but companies who know how to do major cleanups in
houses where (for instance), people have been arrested after being found
to have 84 abused pets and the floors & carpets are atrocious. The police
or fire dept may be able to provide names. When dead bodies are found,
especially gunshot victims, the situation often requires more than your
usual carpet cleaning company. Why do all this? If you turn off the water
at the curb, as someone else suggested, your tenants are probably going
to "misbehave". Interview cleaning services and have a name ready to
call. A friend of mine had a sewer back up into his basement a few years
back. He couldn't seem to get it completely clean. He found a company
that had the job done in a couple of hours. They exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain types
of rental properties. Cut off all contact with this idiot.


Think twice before calling the insurance company for advice. At least
don't identify your policy number or address. I have heard (though I cant
prove) that in the past, people's premiums have been increased or policies
cancelled simply for inquiring about certain claims.


If your agent is so lousy that your rates go up after asking questions, you
need a new agent.


  #32   Report Post  
 
Posts: n/a
Default Tenants will not allow access to make repair

The first question is how serious is this leak? If, for example, you
can see it through a window and it serious enough that it can be doing
damage to equipment, wiring, etc, then I would get the water shut off
outside immeadiately. That is well within any landlord's rights. I
would take a photo of the leak too, if possible, or at least have a
couple witnesses present that can verify that there was a serious leak
and what you did.

If it's not an immediate threat, then I would try revisiting the local
police/sheriff as others have suggested. You may find someone
sympathetic to helping you gain access and it doesn't cost anything to
try. In every state that I'm aware of, a landlord has the right to
enter after giving reasonable notice. And for a true emergency, you
can enter without notice.

If the police won't assist, then the logical next step is getting an
attorney, unless you are knowledgable about how to go about getting a
court order yourself.

  #33   Report Post  
PipeDown
 
Posts: n/a
Default Tenants will not allow access to make repair


"Doug Kanter" wrote in message
...

"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door
they
had a chain on it. I called the police which arrived and talked to
the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that
they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to court.
The court will issue a court order that the police will be able to
enforce. If there is risk of property damage the process can usually
be speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming flooded
because my tenants won't let me and the cops can't help - I need a judge
to do whatever is necessary TOMORROW so the cops will accompany me
blah blah blah....". There are certain experiences which get sympathy
from all sentient beings in civilized countries. A flooded basement is
one of them.

2) Walk into police station, ask to speak with commanding officer, see
if he/she has a creative idea, or can send an officer who has more
experience with these situations. The law is the law, but there *are*
cops who are pretty creative with words. I've seen it. Finally, ask the
CO if he's got any connections that'll get to a judge faster, so the
necessary paperwork can be obtained. When they need a warrant quickly,
they don't wait for weeks.

3) Call insurance company NOW and inform agent of what's going on. If
there are angles for dealing messes like this, you need to know about
them. If your agent gives you a blank stare, you need a new agent. If
you're going to continue renting to slimeballs, you may need to explore
more options on your policy.

4) Get out the yellow pages and start calling cleaning companies. Not
"maid services", but companies who know how to do major cleanups in
houses where (for instance), people have been arrested after being found
to have 84 abused pets and the floors & carpets are atrocious. The
police or fire dept may be able to provide names. When dead bodies are
found, especially gunshot victims, the situation often requires more
than your usual carpet cleaning company. Why do all this? If you turn
off the water at the curb, as someone else suggested, your tenants are
probably going to "misbehave". Interview cleaning services and have a
name ready to call. A friend of mine had a sewer back up into his
basement a few years back. He couldn't seem to get it completely clean.
He found a company that had the job done in a couple of hours. They
exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain types
of rental properties. Cut off all contact with this idiot.


Think twice before calling the insurance company for advice. At least
don't identify your policy number or address. I have heard (though I
cant prove) that in the past, people's premiums have been increased or
policies cancelled simply for inquiring about certain claims.


If your agent is so lousy that your rates go up after asking questions,
you need a new agent.


Not the Agent, the Company. I agree but I did not make it up.

http://www.cbsnews.com/stories/2005/...in788713.shtml

about half way down the page at the bullet "*Inquire carefully"


  #34   Report Post  
Doug Kanter
 
Posts: n/a
Default Tenants will not allow access to make repair


"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door
they
had a chain on it. I called the police which arrived and talked to
the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that
they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to
court. The court will issue a court order that the police will be able
to enforce. If there is risk of property damage the process can
usually be speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming
flooded because my tenants won't let me and the cops can't help - I
need a judge to do whatever is necessary TOMORROW so the cops will
accompany me blah blah blah....". There are certain experiences which
get sympathy from all sentient beings in civilized countries. A flooded
basement is one of them.

2) Walk into police station, ask to speak with commanding officer, see
if he/she has a creative idea, or can send an officer who has more
experience with these situations. The law is the law, but there *are*
cops who are pretty creative with words. I've seen it. Finally, ask the
CO if he's got any connections that'll get to a judge faster, so the
necessary paperwork can be obtained. When they need a warrant quickly,
they don't wait for weeks.

3) Call insurance company NOW and inform agent of what's going on. If
there are angles for dealing messes like this, you need to know about
them. If your agent gives you a blank stare, you need a new agent. If
you're going to continue renting to slimeballs, you may need to explore
more options on your policy.

4) Get out the yellow pages and start calling cleaning companies. Not
"maid services", but companies who know how to do major cleanups in
houses where (for instance), people have been arrested after being
found to have 84 abused pets and the floors & carpets are atrocious.
The police or fire dept may be able to provide names. When dead bodies
are found, especially gunshot victims, the situation often requires
more than your usual carpet cleaning company. Why do all this? If you
turn off the water at the curb, as someone else suggested, your tenants
are probably going to "misbehave". Interview cleaning services and have
a name ready to call. A friend of mine had a sewer back up into his
basement a few years back. He couldn't seem to get it completely clean.
He found a company that had the job done in a couple of hours. They
exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain
types of rental properties. Cut off all contact with this idiot.


Think twice before calling the insurance company for advice. At least
don't identify your policy number or address. I have heard (though I
cant prove) that in the past, people's premiums have been increased or
policies cancelled simply for inquiring about certain claims.


If your agent is so lousy that your rates go up after asking questions,
you need a new agent.


Not the Agent, the Company. I agree but I did not make it up.

http://www.cbsnews.com/stories/2005/...in788713.shtml

about half way down the page at the bullet "*Inquire carefully"



That's why I like my agent. I used the auto glass coverage once after 10
years with the same company, and they raised my rates 15%. We switched
companies immediately, and I got a rate that was 5% lower than the original.


  #35   Report Post  
PipeDown
 
Posts: n/a
Default Tenants will not allow access to make repair


"Doug Kanter" wrote in message
...

"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"PipeDown" wrote in message
nk.net...

"Doug Kanter" wrote in message
...

"Pat" wrote in message
...
In this case I gave them 24 hours notice. When I came to the door
they
had a chain on it. I called the police which arrived and talked to
the
tenant but said it was a civil matter and that they could not do
anything. Before saying that it was a civil matter they said that
they
didn't really know the laws in this situation.


If you gave legal 24 hour notice and was denied entry than go to
court. The court will issue a court order that the police will be
able to enforce. If there is risk of property damage the process can
usually be speeded up. Similar to a 30 day eviction only faster.


Instead of wasting time HERE, I'd do the following *TODAY*.

1) Walk into court office: "The basement of my rental's becoming
flooded because my tenants won't let me and the cops can't help - I
need a judge to do whatever is necessary TOMORROW so the cops will
accompany me blah blah blah....". There are certain experiences which
get sympathy from all sentient beings in civilized countries. A
flooded basement is one of them.

2) Walk into police station, ask to speak with commanding officer, see
if he/she has a creative idea, or can send an officer who has more
experience with these situations. The law is the law, but there *are*
cops who are pretty creative with words. I've seen it. Finally, ask
the CO if he's got any connections that'll get to a judge faster, so
the necessary paperwork can be obtained. When they need a warrant
quickly, they don't wait for weeks.

3) Call insurance company NOW and inform agent of what's going on. If
there are angles for dealing messes like this, you need to know about
them. If your agent gives you a blank stare, you need a new agent. If
you're going to continue renting to slimeballs, you may need to
explore more options on your policy.

4) Get out the yellow pages and start calling cleaning companies. Not
"maid services", but companies who know how to do major cleanups in
houses where (for instance), people have been arrested after being
found to have 84 abused pets and the floors & carpets are atrocious.
The police or fire dept may be able to provide names. When dead bodies
are found, especially gunshot victims, the situation often requires
more than your usual carpet cleaning company. Why do all this? If you
turn off the water at the curb, as someone else suggested, your
tenants are probably going to "misbehave". Interview cleaning services
and have a name ready to call. A friend of mine had a sewer back up
into his basement a few years back. He couldn't seem to get it
completely clean. He found a company that had the job done in a couple
of hours. They exist. Fine one NOW.

5) Try and remember who told you it was a good idea to own certain
types of rental properties. Cut off all contact with this idiot.


Think twice before calling the insurance company for advice. At least
don't identify your policy number or address. I have heard (though I
cant prove) that in the past, people's premiums have been increased or
policies cancelled simply for inquiring about certain claims.


If your agent is so lousy that your rates go up after asking questions,
you need a new agent.


Not the Agent, the Company. I agree but I did not make it up.

http://www.cbsnews.com/stories/2005/...in788713.shtml

about half way down the page at the bullet "*Inquire carefully"



That's why I like my agent. I used the auto glass coverage once after 10
years with the same company, and they raised my rates 15%. We switched
companies immediately, and I got a rate that was 5% lower than the
original.


It's like jobs, if you want a big improvement, you have to switch.




  #36   Report Post  
 
Posts: n/a
Default Tenants will not allow access to make repair


Doug Kanter wrote:
"Robert Green" wrote in message
...
" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs.


I might have missed it, but what's your evidence that there's a water
leak?


Good question. Mr. Landlord still hasn't told us how he knows there's a
leak. Hmmm.....


a) I got the water bill.
b) I asked them.
c) They told me.

  #37   Report Post  
Doug Kanter
 
Posts: n/a
Default Tenants will not allow access to make repair


" wrote in message
oups.com...

Doug Kanter wrote:
"Robert Green" wrote in message
...
" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs.

I might have missed it, but what's your evidence that there's a water
leak?


Good question. Mr. Landlord still hasn't told us how he knows there's a
leak. Hmmm.....


a) I got the water bill.
b) I asked them.
c) They told me.


And then.....? Did you tell them you'd be stopping by? If YES, what did
they say?


  #38   Report Post  
Greg O
 
Posts: n/a
Default Tenants will not allow access to make repair



"Pat" wrote in message
...


Send them a certified letter that the water will be turned off at a
certain date "to prevent further damage" unless they allow repairs to be
made.
Greg



Illegal!

First, I find it hard to believe you are not allowed to shut off the water
when it is leaking severely and possibly causing damage to the building.
Second, I never said to shut off the water. I just said to send them a
letter that states that you will.Two different deals completely!
Greg


  #39   Report Post  
 
Posts: n/a
Default Tenants will not allow access to make repair

"First, I find it hard to believe you are not allowed to shut off the
water
when it is leaking severely and possibly causing damage to the
building. "

Of course it's hard to believe, because it's not true. You can't shut
off utilities to force people to move, but you most certainly can shut
them off if there is a legitimate emergency. And you most certainly
can when there is a serious leak that you're trying to fix, but the
tenent refuses you access to do it.

  #40   Report Post  
Colbyt
 
Posts: n/a
Default Tenants will not allow access to make repair


" wrote in message
ups.com...
Greetings,

I have some tenants which have water running (leaking) in the basement
but they will not let me in to make repairs. What are my rights to get
in and make the repairs before waiting the 30 days (or whatever it
takes) to evict them?

Thanks,
William


I have read this thread but not responded before now.

Your rights will vary from state to state and may vary based on what you
have included in your written rental agreement (or lease).

My agreements provide for immediate access without any notice (legal in my
state) for repairs or inspections of an emergency nature. Please note that
the definition of the term "emergency" may vary from state to state. Without
a doubt if I thought there was water flooding my basement that would
constitute an emergency.

If the tenants are standing there barring your entry, as sad as it sounds,
you have no legal recourse except through the courts. If they aren't at home
and your agreement provides for emergency inspections or repairs you should
be within your legal rights to enter the property.

Sounds like you have losers for tenants. Please let us know how it turns
out.


Colbyt


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