For single-family rental home investors in Acworth, adequately screening your tenants is one of the best ways to mitigate future problems. But the fact is that despite your best attempts, there’s still a likelihood that you will meet a problem tenant or two. If things between you and your tenant do go irredeemably wrong, you may wonder whether it is appropriate to call the police on your tenant. Before you dial their number, nevertheless, you have to learn some of the key differences between standard laws and landlord/tenant laws.
In most states, tenants have certain protections granted to them by law. This means that if you infringe on a tenant’s rights, even if you feel like you are correct in doing so, you could end up being the one in trouble with the law rather than your tenant. For instance, you may think that a tenant who overstays their lease is legally trespassing on your property and can be removed by the police. However, this is not the case.
Once you’ve rented a property to a tenant, the police have no authority to remove them from the property. This is because you have given up certain rights to the property while it is occupied by the tenant. This is accurate even if their lease has expired, and you have requested that they vacate the property. In such incidents, regular trespassing laws do not apply. In order to require the tenant to vacate the property, you will need to legally evict them by obtaining a court order.
An added key difference between standard laws and landlord/tenants laws affect how and when you can access a leased property, or give permission for others to do so. In most states, landlord/tenant laws require property owners to give advance notice prior to entering an occupied rental home. Unplanned and unannounced visits are typically illegal, no matter the reason. This same rule continues to police officers and others who may want access to the home.
Under standard laws, the property owner is the one who has the authority to grant access to the property. But tenant/landlord laws give this right to the tenant. Under most conditions, landlords do not have the authority to invite the police or anyone else into the property without the tenant’s approval. The one exception to this rule is in an emergency situation; police or emergency personnel may legally enter the rental house if someone inside is in dire need of assistance.
Despite these protections, however, there may be times when calling the police on your tenant is necessary. For example, if you encounter a situation that you feel is putting anyone in danger, it may be time to call the police. As a property owner, most disagreements can be settled professionally and politely. But if you ever believe that your personal safety or that of your tenant, a neighbor, or someone else is under threat, contact the proper authorities.
The same thing is true if you find that your tenant is involved in criminal activity. Landlord/tenant laws do not protect tenants from being held accountable for their illegal activities. If you have cause to conclude that the tenant is involved in an activity such as illegal drug use or distribution, or any other clear violations of both your lease and the law, it is time to contact the authorities and tell them what you know. They can then assist you in securing the property in accordance with local laws. Just recognize that criminal charges, if any, are separate from the legal process of eviction. Even if your tenant is caught or sent to jail, you will still need to go through the full eviction process to regain control of your rental property. Being arrested does not alter your tenant’s rights to occupy the property under landlord/tenant law.
While no property owner wants a rental situation to end up this way, it is good to be notified and prepared just in case. Tenant relations can be a challenge and are always one of the most time-consuming elements of a landlord’s job. But help is available.
Real Property Management East Cobb can assist property owners with all phases of tenant associations. Our Acworth property management professionals will work with your tenants, handling any unfavorable incidents that may arise. This will save you time and, as they say, time is money. To learn more, contact us online or call us at 770-622-5657 for more information.
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