Call Us
Have you ever been in a situation where you aren’t sure where your responsibilities begin and another person’s ends? These situations happen at work, at school and in our relationships and they can cause mix ups and confusion.
They can also happen at rental properties between the landlord and the tenant. As a landlord, it is crucial to understand the legalities behind the tenancy agreements you make with your tenants. This is to protect you and your investment and will also make your life easier. Knowing what you are legally responsible for helps you plan, budget and prioritize your resources and time, allowing you to maximize your investment while taking care of the relationship as well.
Landlords and Their Legal Reasons to be on Site
Before moving on, it is important to note that the following is general legal information, provided as a public service by Oregon's lawyers. The information is not intended to be legal advice.
Tenants are entitled by law to exclusive possession to their rental unit, which means that they have the right to privacy. However, Oregon law also says that landlords have a strict duty to rent only units that are "habitable" - or in a safe, sanitary and functioning condition.
Knowing this, what reasons does a landlord have to be on the premises?
Landlords must make repairs when a rental unit becomes uninhabitable or otherwise needs repairs.
To make these repairs, the landlord may enter the rental with the appropriate contractor or repair person.
Landlords also have the right to inspect the rental from time to time to ensure that it is in sound condition.
Finally, landlords also have the right to sell the rental property or rent the property to others. To that end, under certain conditions landlords may allow potential tenants or buyers to inspect the property.
To help balance a tenant's right of privacy with a landlord's duties and rights, there are rules about when and how landlords can enter a unit. Generally speaking, a landlord must give notice at least 24 hours in advance before entering the rental home, or even coming onto the yard area of the rental.
There are several exceptions to this general 24-hour-notice rule:
Landlords always have the right to come onto the rented property - but not into the dwelling unit itself - to give notices permitted by law or the rental agreement. No advance notice is needed for this sort of entry. The law states the “main entrance” is acceptable. If the landlord begins peering into windows lurking about to see inside, they are not in compliance with the law.
In an emergency - such as a fire or burst water pipe or other problems that may cause serious damage if not dealt with immediately - a landlord may enter the unit without any advance notice. If the landlord makes an emergency entry when tenant isn't home, he or she must tell tenant within 24 hours what the emergency was, when it happened and the names of the people who entered.
If the tenant asks in writing for specific repairs, the landlord generally has a seven-day period to make the repairs without giving any advance notice. After seven days, unless the landlord is still reasonably working on the repair, the regular 24-hour advance notice rule applies. If a repair person is someone other than the landlord, the tenant may ask to see written authorization from the landlord for that person to come into your unit.
Tenant and the landlord may agree that less notice or no notice is required before a particular entry. This agreement can only cover that particular situation; it does not mean the landlord can enter with less than 24-hour notice in other situations.
If the tenant has an agreement in writing that the landlord is required to do yard work, and the tenant and landlord also agree that someone can enter the yard to do yard work without entering the unit, the landlord doesn't need to give 24-hours' notice.
If the landlord reasonably believes a tenant has moved away permanently or abandoned the unit, the landlord may enter.
A final exception is when the rental unit is for sale. The landlord may want frequent access to the unit to show it to prospective buyers. If the unit is on the market, the tenant may agree to allow access to the landlord without requiring 24 hours’ notice. Tenants must sign a written agreement that is separate from the rental agreement. That separate written agreement must provide the tenant with some sort of compensation in exchange for the special access. And, of course, the tenant does not have to agree to this type of arrangement at all.
The landlord and the repair people must enter rental units at reasonable times and they must be discussed with the tenants. The right to entry is not a tool that can be used to harass tenants and landlords are not allowed to inspect tenants’ belongings in the home.
Tenants have the right to refuse entry after receiving a 24-hour notice. Tenants may refuse entry by specifically alerting the landlord of their decision, or they may attach a written notice of refusal to the front of the rental in a secure manner. However, just as the landlord may not abuse the right to issue a 24-hour notice to harass or retaliate against the tenant, the tenant may not arbitrarily deny access to the landlord after receiving a 24-hour notice.
If tenants do not let the landlord enter the rental home after he or she has given proper notice, the landlord may get a court order to allow reasonable access or end the rental agreement. The landlord can also sue a tenant for losses caused by your failure to cooperate.
How to Protect Yourself and Your Investment
Always make sure to use written notices and proper forms as much as possible. This communicates when and why you will be in the unit, as well as leaves a paper trail of consent and notices. Make sure to understand the laws that dictate the landlords and tenants Acts. By doing this, you are protecting yourself from making any legal mistakes that could be costly.
Finally, the best way to make sure that you follow the laws and are doing things by the book is to hire a professional property management team. Centurion Property Management is always in compliance with local laws and takes pride in providing top-notch services for you and your properties. Reach out to Centurion Property Management today.
