Skip to Content

Tenant Rights vs. Landlord Access: Trespassing Concerns for Property Owners

Berryville Woman Inviting Her Landlord Inside the House As a rental property owner, you have the legal right to access your property for maintenance, repairs, inspections, or to show it to prospective tenants or buyers, so long as you follow the applicable laws and lease agreements. Give your tenants advance notice, respect their privacy, and be clear about your intentions when entering the property. You can maintain a smooth relationship with your tenants and carry out your obligations as a landlord by adhering to these rules.

Even if you own the property, you could still face trespassing charges, therefore keep that in mind in certain instances. Examples of these situations include:

  1. Lease Agreement Violations: You may be subject to trespassing charges if your lease agreement with the renter contains terms for access to the property and you break those terms. The tenant may think it’s a breach of contract if you enter the property without proper notice or a good reason listed in the lease.
  2. Tenant’s Rights Violations: Tenants have the right to peaceful enjoyment of their rental property, which means they have the right to privacy and exclusive use of the property during the lease term. Legal issues, including trespassing charges, could arise if you enter the property without notice, interfere excessively with the tenant’s right to peace, or harass the tenant.
  3. Lockouts and Unlawful Eviction: Attempting to physically remove a tenant from the property without following the proper legal eviction procedures can lead to trespassing charges. Locking a tenant out of their rental unit without a court order is typically illegal.
  4. Criminal Intent: If you enter the property to steal, damage, or participate in any unlawful conduct, you can be charged with trespassing just like any other unauthorized person.
  5. Local Laws and Regulations: Laws regarding landlord-tenant relationships and property access can vary from one jurisdiction to another. Local regulations may impose specific requirements on landlords, and failure to adhere to these regulations could result in trespassing charges.

Avoid Potential Trespassing Charges

It’s necessary to familiarize yourself with the laws and regulations governing landlord-tenant relationships in your area, respect your tenant’s rights, and always follow the lease agreement terms. Additionally, providing proper notice to tenants before entering the property for legitimate reasons, such as maintenance or inspections, is crucial to avoid disputes and legal issues. 

Ultimately, you should respect your renter’s possessory rights. Even though it’s your house, it’s theirs. Your property ownership does not give you the right to enter a property without notice or a good reason. A proper notification of future entry must be submitted by you. Depending on the state where you live, illegal entry can carry a fine of up to several hundred dollars or even jail time.

Consult a real estate and landlord-tenant law specialist if you have questions or concerns about your rights and responsibilities as a landlord.

For routine maintenance, repairs, and property evaluations, Real Property Management Elevation uses proper notice and communication with its tenants. We also keep you up to date on all aspects of your rental property. Everything works quickly and well, and property law is followed to the letter. Contact us or call us at 540-409-5857 to learn more about how we can make your life easier in Berryville or the neighboring area.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

The Neighborly Done Right Promise

The Neighborly Done Right Promise ® delivered by Real Property Management, a proud Neighborly company

When it comes to finding the right property manager for your investment property, you want to know that they stand behind their work and get the job done right – the first time. At Real Property Management we have the expertise, technology, and systems to manage your property the right way. We work hard to optimize your return on investment while preserving your asset and giving you peace of mind. Our highly trained and skilled team works hard so you can be sure your property's management will be Done Right.

Canada excluded. Services performed by independently owned and operated franchises.

See Full Details