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Trying to get in to do maintenance

A

archerb

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Maybe this is a dumb question but my tenant called me to tell me of a couple issues that need attention in the suite.
When I suggest a day to come and address the issues she will not allow me to enter without her being home. One of the problems is with the kitchen faucet and I don`t want water damage to occur so I would like to get in sooner than later. I live about 1 1/2 hours away so it is not easy to just drop in at any time. What are my legal rights as far as entry goes? Do I just continue to try and find a mutually agreeable time and hope damage hasn`t occurred or can I give 24 hours notice and enter to fix the issue?
 
What province are you in?

If it`s Ontario you may simply give the 24hr notice referencing the RTA and stating the purpose and approximate time you will be there. Keep the time frame to about a 2-4 hr period and make sure it is during the day.
It is up to your tenant whether she is there or not but if not you may enter.

Is there a problem finding a mutually agreeable time or do you think she is being evasive. If she is being evasive you may want to include a smoke alarm inspection and general maintenance inspection in the notice as well if it has been more than six months since your last inspection..
 
QUOTE (archerb @ Jul 27 2010, 04:13 PM) .. What are my legal rights as far as entry goes? ..
You are the owner.

You issue a 24 hour notice and go in at ANY TIME with 24 h notice. For any reason, by the way !

Be friendly .. but firm !

In our buildings, on the maintenance request form, we require tenants to sign that we have the right to go in at any time, as often the site manager don`t know exactly when the 3rd party plumber or electrician or repairman shows up [might be tomorrow afternoon or Friday at 9 am .. sometimes with little warning: here I am]. Thus, best is to have a form that ties the maintenance request to you being permitted to go in at any time.
 
QUOTE (ThomasBeyer @ Jul 27 2010, 08:37 PM) You are the owner.

You issue a 24 hour notice and go in at ANY TIME with 24 h notice. For any reason, by the way !

Be friendly .. but firm !

In our buildings, on the maintenance request form, we require tenants to sign that we have the right to go in at any time, as often the site manager don`t know exactly when the 3rd party plumber or electrician or repairman shows up [might be tomorrow afternoon or Friday at 9 am .. sometimes with little warning: here I am]. Thus, best is to have a form that ties the maintenance request to you being permitted to go in at any time.

Thank you for the replies.
The property is in Alberta. Does the notice have to be written or is a phone call OK? I don`t think she is trying to be evasive but she is definitely rather quirky about some things.
I appreciate the advice of being friendly .. but firm. She is the type that will take advantage of you if you let her.
 
QUOTE (ThomasBeyer @ Jul 27 2010, 08:37 PM) go in at ANY TIME with 24 h notice. For any reason, by the way !
Not in Ontario. You have to have a reason (which you must be prepared to defend if you are in front of an adjudicator) and the hours are limited by the RTA.

Weird, isn`t it.
 
A phone call is fine if she gives you permission. Without permission, you need written notice posted on the door at least 24 hours in advance of the entry. Also, the entry must be between 8 and 8, and not on a Sunday or holiday.

I always try to accomodate tenants, but ultimately my contractor`s schedule will dictate the time. The tenants are welcome to be there if they choose.

Why not print and sign the notice, then scan and email it to a friend to post on the door for you?
 
I`ve done this a lot. Your answer to them is no. Period. It`s your place, and to be honest, once they asked you to fix something, they gave implicit agreement to enter to do the repairs.

Three steps.

1. Post 24 hour notice. The only no-no times are spelled out in the RTA, which is during their day of worship if they`ve given you written notice.
2. Go in. Maybe take a video on the cell phone, or bring a friend if you`re expecting crap from people.
3. Fix it.

That`s it. Your time is too important to put up with this crap.
 
QUOTE (archerb @ Jul 27 2010, 08:52 PM) Does the notice have to be written or is a phone call OK? ..
in writing / posted on the door !

Treating tenants is a bit like being a parent !

TOUGH LOVE usually works well !

Love them .. but show them clear boundaries/rules !!
 
QUOTE (ontariolandlord @ Jul 27 2010, 08:59 PM) Not in Ontario. You have to have a reason (which you must be prepared to defend if you are in front of an adjudicator) and the hours are limited by the RTA.

Weird, isn`t it.
the blanket reason is "suite inspection" .. that essentially covers everything !!
 
Actually aim for an exact time - Like you`ll be there at approximately 1:00pm QUOTE (invst4profit @ Jul 27 2010, 08:17 PM) What province are you in?

If it`s Ontario you may simply give the 24hr notice referencing the RTA and stating the purpose and approximate time you will be there. Keep the time frame to about a 2-4 hr period and make sure it is during the day.
It is up to your tenant whether she is there or not but if not you may enter.

Is there a problem finding a mutually agreeable time or do you think she is being evasive. If she is being evasive you may want to include a smoke alarm inspection and general maintenance inspection in the notice as well if it has been more than six months since your last inspection..
 
The hours are limited to 8:00am to 8:00pm
QUOTE (ontariolandlord @ Jul 27 2010, 11:59 PM) Not in Ontario. You have to have a reason (which you must be prepared to defend if you are in front of an adjudicator) and the hours are limited by the RTA.

Weird, isn`t it.
 
In Ontario you can give a 24 hour written notice. That`s it. You don`t need to state a reason except for inspection. I have also never heard of a case where someone was called to defend themselves in front of the adjudicator just for entering a suite for legitimate reasons.

I would really like to see a case like this.
 
QUOTE (Berubeland @ Jul 29 2010, 12:51 PM) In Ontario you can give a 24 hour written notice. That`s it. You don`t need to state a reason except for inspection. I have also never heard of a case where someone was called to defend themselves in front of the adjudicator just for entering a suite for legitimate reasons.

I would really like to see a case like this.
You should spend more time at Landlord and Tenant Board Hearings. You can sit in the audience.
 
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