why does my landlord want an attorney present at inspection

How do you deal with a tenant who wants an inspection?

Apr 24, 2020 · It’s essential for landlords to conduct move-out inspections to assess the damage, if any, that the last tenant is responsible for. Your findings will dictate how much of a tenant’s security deposit you’ll refund back to them. Upon move-in, inspections enable landlords to confirm the condition of their unit.

Can my Landlord inspect my property legally?

Feb 06, 2011 · 3 attorney answers. A landlord's inspection of your premises will largely be regulated by your lease. In all likelihood the landlord is just checking on the property that the landlord owns. Generally, a landlord who wants to see …

What are landlord inspections and why are they important?

Nov 11, 2021 · Inspecting a unit is a landlord’s right and a smart move to protect themselves and the rental. It’s important for the landlord to be efficient, direct, and out quickly. Also, it’s important for landlords to check out their rental properties to ensure their real estate investment is being well cared for. If you find the forms—from leases ...

What makes a landlord uncomfortable with rental inspections?

Feb 16, 2015 · Always provide written notice prior to entering, even if you’ve spoken with the tenant about the inspection. 5. Keep the focus of the inspection on the condition of the property, and always avoid personal comments or criticism. 6. Never threaten or harass tenants during the inspection, regardless of their behavior.

Norman D Praet

A landlord's inspection of your premises will largely be regulated by your lease. In all likelihood the landlord is just checking on the property that the landlord owns. Generally, a landlord who wants to see "every corner" believes he has some reason for concern. It sounds like he generally gives you notice before he comes to inspect.

Norman D Praet

A landlord's inspection of your premises will largely be regulated by your lease. In all likelihood the landlord is just checking on the property that the landlord owns. Generally, a landlord who wants to see "every corner" believes he has some reason for concern. It sounds like he generally gives you notice before he comes to inspect.

Philip M. Block

You need to check with your town as to any applicable regulations or ordinances. Read your lease, what does it say? In general he can inspect at a reasonable hour and can look around as long as he does not disrupt your property.

Why do landlords do inspections?

Landlords do inspections to verify the property’s condition, particularly before extending a lease or releasing a security deposit to tenants who are moving out. However, landlords also do inspections periodically to ensure their property is being properly maintained.

What can a landlord do during an inspection?

What, exactly, can a landlord do during an inspection? They shouldn’t be doing much more than inspecting the property’s condition or looking for signs of specific issues (i.e., pests, mold, etc.).

What is the number one priority for landlords when doing a rental inspection?

The number one priority for landlords when doing a rental inspection is to check for damages. However, a hasty inspection can mean landlords will miss needed repairs. If the landlord can find problems early on, it’s much easier and less expensive to fix. If landlords discover damages after the tenant has moved, ...

What is a rent inspection?

A rent inspection, also known as a rental inspection or a property inspection, is an inspection done by a landlord or their property manager of a rental unit that is, was, or will be occupied by a tenant. These inspections are done to verify the condition of the unit at key points in the rental cycle.

Why do you need a rental inspection mid lease?

When inspections are done mid-lease, the rental inspection is done to ensure that the property is being properly maintained and there have not been any excessive damages done to it.

How many inspections can a landlord do per year?

Most states do not have a specific limit on how many inspections can be done by a landlord yearly. Landlords are permitted to do multiple inspections per year as long as they are not done randomly and these inspections are not interfering with the tenant’s fair use of the property.

What is the primary goal of inspections?

The primary goal throughout all of these inspections is to verify the property’s condition and to ensure that the lease terms are being followed by all involved parties.

What is landlord inspection policy?

The first step in a successful rental inspection policy is to understand what limitations a landlord may face when entering the rental unit to inspect the property. In general, every tenant has the right of quiet enjoyment, and unauthorized visits from ...

How long can a landlord inspect a house?

Typically, the landlord will be allowed to make a routine inspection so long as: The tenant is given notice as required by law, usually not less than 24 hrs; The visit occurs during reasonable hours; The duration of the visit is reasonable; and.

What is tenant verification service?

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

How often should landlords inspect their properties?

While law enforcement agencies have encouraged inspections as often as every six or eight weeks, many landlords are more comfortable with a schedule of every three to six months. Whatever the schedule, it should be applied the same to every tenant. Use a checklist that incorporates local landlord tenant law in order to make your inspection work ...

Why do landlords report re-entry to a rental property?

Too often, landlords report they re-entered a rental property only to discover extensive damage or other dangerous conditions, like drug manufacturing or hoarding. Too often, these conditions went unchecked for weeks, months, or years — greatly increasing the landlords’ losses.

How long should you have an inspection after moving out?

7. Plan your inspection schedule so that an inspection falls about a month from move-out. This allows the tenant the opportunity to fix what’s wrong while there is still time.

Can you prevent property damage during a move out inspection?

Property damage is predictable, and as such, can be prevented . Many landlords understand the importance and benefits of conducting both a move-in inspection and a corresponding move-out inspection. However, the best way to protect a rental property is with a policy of rental inspections during the lease term.

What to do if you think a landlord is abusing the inspection?

If you think they are abusing the inspection talk to a lawyer by you that does landlord/tenant laws.

How long does a landlord have to give notice to inspect a property?

As long as the landlord gives 24 hour notice he has a legal right to come in and inspect his property

What to do if you don't want your landlord to see your stuff?

If you don't want your landlord to see some stuff you own, then move it from the premises for the day or stash it in your private property.

What do we check when inspecting a house?

When we inspect, we check under all sinks, behind the toilets, and the laundry area for leaks. We check the carpeting

Can a landlord inspect a bedroom?

Since it sounds like you do not want the landlord to be able to inspect the bedroom, you should consider moving to California. The landlord has no rights there, including inspecting his/her own property, and with rent control laws, you will have free reign over the landlords property to destroy as you like for years.

Can you inspect a waterbed?

I have read that you are allowed to inspect a waterbed periodically. (You can’t make this stuff up!) I could swear I had read you are allowed to check the function of the required smoke and CO2 detectors. Now I find a statement that smoke detector inspections are not allowed without tenants permission according to the California Apartment Association. It’s not uncommon for tenants to disable smoke detectors….but apparently we are not allowed to check to see if they did in California unless they give permission to do so.

Do we do an annual inspection on all our units?

We do an annual inspection on all our units. We expect access to the entire house. Failure to allow us into a room will require you to tell us why you don't want us in there.

How should landlords handle inspections?

When informing tenants of a routine inspection, it’s important to be specific and timely. Landlords should give tenants proper notice (depending on state laws) so they know exactly when to expect the inspection, although a 24-hour notice is standard .

Why do landlords do inspections?

Inspections are a normal part of owning, managing, and maintaining a property that help landlords keep tabs on their investment. There are abundant benefits to rental property inspections, as well as an acceptable frequency for performing them.

What is the purpose of routine inspections on a rental property?

the roof, gutters, foundation, etc.) If your rental property is occupied, it’s important to perform routine inspections to make sure your tenant is taking good care of the property, as well as ensuring the property is habitable for them. If your rental property is vacant, you should still perform routine inspections ...

How often should I check in on my house?

However, it’s a good idea to check in on the property before the lease end date, at least once. That way, if there is a problem, the landlord can take care of the issue before it worsens. Keep in mind that there will be routine maintenance and safety checks you’ll need to perform, sometimes yearly, bi-yearly, and even quarterly (e.g. cleaning/changing air filters). When doing a routine inspection, here’s what you should look for:

What to do if your rental property is vacant?

If your rental property is vacant, you should still perform routine inspections to ensure your property is in good condition, especially since no one is living there to report any issues.

What are lease violations?

Lease violations that could warrant an inspection include: Having pets in a no pets property or without paying the necessary fees. Although you may want to inspect your property to ensure your tenant is abiding by the lease, you must give your tenant proper notice before entering the property.

What to do if tenant violates lease?

If you suspect that your tenant is violating the lease, it’s understandable that you would want to perform an inspection of your property. However, you must check with your state laws to be sure that this inspection does not put you over the line into the excessive inspection category.

What to know about apartment inspections?

Apartment Inspections: What to Know. Renting an apartment from a landlord or property manager comes with the understanding that the space is not going to be yours forever. In fact, landlords have made this property their investment, so it makes sense that they want to keep it in good shape, and performing an occasional inspection is their way ...

What do landlords look for in an apartment?

Landlords are usually looking to see that all parts of the apartment or home are in the same shape they were before you moved in. The following are a few things they might be looking for:

What is a routine inspection?

A routine inspection involves a landlord, maintenance worker, or property manager coming to your apartment and walking through it. They usually look for, and take notes on, any damages to the unit, changes made to the interior, or alterations to the outside of the property.

How long does a landlord have to give notice?

Anywhere from 24-48 hours is normal, with some landlords even giving notice weeks in advance. Read your lease to see if there is anything specific to this. Your lease may state the number of inspections the landlord is allowed to perform per year, or how much notice they need to give you before each inspection.

Can a landlord inspect your property?

Yes, landlords are legally allowed to inspect your property . After all, it’s their property and they own it, so it’s natural that they would want to check up on it every so often.

Can a landlord drive past an apartment?

They can, however, drive or walk past the property to ensure that the exterior is up to par; landlords are not allowed to be on the property without your permission, so during these “drive-by inspections” they can only look at the apartment from the outside.

Do landlords do move in inspections?

Landlords will usually do a move-in inspection with you. This is your chance to make note of anything you see wrong with the unit. Are there marks on the walls? Do the all the appliances work? Are there any window treatments that need to be fixed? Be sure to inspect the apartment just as much as your landlord during the move-in walk-through.

What happens when a landlord fails to make their property secure?

Landlords who have failed to make their properties reasonably secure in the face of repeated on-site crime are often ordered to compensate the tenant-victim when yet another criminal intrudes. These are expensive ways to learn the law.

What is tenant screening?

Thorough tenant screening is the most important part of your business— if you choose poorly, you're more likely to end up with tenants who don't pay the rent, trash your place, or worse. But there are limits to what you can ask potential tenants.

Why are late fees important?

Late fees can be a powerful tool to motivate tenants to pay the rent on time. And while a higher fee can be a better motivator, some landlords cross the line, by setting fees that bear little resemblance to the actual damages they suffer when tenants pay late.

How to motivate tenants to pay rent?

Late fees can be a powerful tool to motivate tenants to pay the rent on time. And while a higher fee can be a better motivator, some landlords cross the line, by setting fees that bear little resemblance to the actual damages they suffer when tenants pay late. Courts are likely to invalidate excessive late fees that can't be justified with hard evidence. You're better off setting a modest fee that reflects your true damages, and dealing with chronic late-payers with pay-or-quit notices. You should also ensure that your late fees do not violate your state's late fee laws or state or local rent control laws, if applicable.

Why do landlords exclude families from their rental units?

Many landlords try to exclude families from their rentals because they believe children cause more wear or because they prefer a more "mature, quiet" environment. These practices aren't justifiable business decisions, though—they are examples of illegal familial status housing discrimination, plain and simple. While landlords are permitted to limit the number of residents in a unit (in most situations, two occupants per bedroom), landlords cannot apply that standard differently when dealing with families. The cost of implementing policies that discourage families from living in your rentals can be a trip to your lawyer's office to deal with a fair housing complaint.

What happens if you use a wrong lease form?

So-called "standard" forms you'll find for free (or even those being sold) on the internet probably aren't compliant with the laws in your state. If you use a form lease that short-cuts tenants' rights, you could find yourself at the losing end of a lawsuit because of an unen forceable lease clause. On the other hand, some standard forms actually impose greater obligations and restrictions on you than your state's law does! (For example, some forms require landlords to return security deposits within ten days, which is shorter than any state's deadline for returning security deposits .) The best lease or rental agreement forms comply with not only federal law, but also with your state's specific landlord-tenant laws.

What does it take to be a successful landlord?

By Janet Portman, Attorney. Being a successful landlord requires lots of practical know-how, business moxie, and familiarity with the market. It also requires knowledge of the law: Federal law and many states' laws closely regulate nearly every aspect of your business. Not knowing the rules can land you in legal hot water.