who has the rights?This is a discussion on who has the rights? within the Open Talk forums, part of the General Information category; So if there is a house...with a renter and an owner. If the owner gives someone permission to be on ...
(#1)
| | Supa Dupa Poster
Posts: 4,319 Join Date: Dec 2006 Location: Houston-NE, Texas Real First Name: Renae Camera: Canon Can Others Edit My Photos: Yes iTrader Rating: 3 LIKES Received: 29 LIKES Given: 47 | who has the rights? -
05-10-2011, 09:40 PM
So if there is a house...with a renter and an owner. If the owner gives someone permission to be on the property, but the renter doesn't...does one one override the other? Any one know the official rules??  | | | | | Sponsored Links | Premium Members do not see Google advertisements. SIGN UP today and help support our community.
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(#2)
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05-10-2011, 09:50 PM
What is the reason the 'other person' is there? What does the lease say?
The renter has an expectation of privacy but there are reasons the 'other person' could legally be there. | | | |
(#3)
| | Supa Dupa Poster
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05-10-2011, 10:07 PM
in the past...it was because the owner has asked the neighbor to fix something. Today it was so the neighbor could retrieve their property. You make good points. Thanks. I sooo could not be a lawyer...!! or a cop for that matter...I just don't think like that!! | | | |
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05-10-2011, 10:12 PM
This is why I keep my attorney on speed-dial
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(#5)
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05-11-2011, 12:41 AM
The renter, being the lawful occupant of a domicile, has care, control, and custody of the property. The landlord cannot give consent to another, except by terms of the lease or rental policy. Generally, the landlord can send, with prior notice, a service person to make repairs, etc. This isn't always true, but it's the way smart money bets.
As a reserve deputy, I've removed more than one landlord from his rental property.
None of the foregoing should be construed to be legal advice, because it isn't.
Also, a landlord, by the written terms, has the right to make property inspections, from time to time.
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Last edited by Howard Barlow; 05-11-2011 at 12:44 AM..
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05-11-2011, 05:47 AM
Quote:
Originally Posted by Howard Barlow The renter, being the lawful occupant of a domicile, has care, control, and custody of the property. The landlord cannot give consent to another, except by terms of the lease or rental policy. Generally, the landlord can send, with prior notice, a service person to make repairs, etc. This isn't always true, but it's the way smart money bets.
As a reserve deputy, I've removed more than one landlord from his rental property.
None of the foregoing should be construed to be legal advice, because it isn't.
Also, a landlord, by the written terms, has the right to make property inspections, from time to time. | +1, If I need to go to my rental property, I always notify the renters before hand. If I need to have repairs done, I talk with the renters that these repairs are needed and let them know whom every will be calling to set up a time with them.
BTW, I do all my own extermainating, 2 times a year, so It makes for a great time to view the property. | | | |
(#7)
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05-11-2011, 06:56 AM
well we have done 3 nice, VERY nice things for a "new" neighbor and have been bitten in the butt, literally cussed out each time. I'm done. One included shutting off the sprinkler when she was in Austin for a week during the freeze and the water was shooting in the air down the street. The owner asked us to do it. Not only did she spend 5 minutes cussing at my husband using the f word every other word, she didn't have a clue where her sprinkler system was, and turned our water off at the street trying to figure it out. She is a real mess. I've never in my life had a issue with a neighbor.....making up for loss time now!!! She is a piece of work. | | | |
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05-11-2011, 10:53 AM
oops wrong area lol | | | |
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05-11-2011, 02:09 PM
Quote: |
The owner asked us to do it.
| The owner needs to know that you are being put in an uncomfortable situation with the renters when carrying out the owner's requests. | | | |
(#10)
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05-11-2011, 02:14 PM
Is the owner a friend, or are you also renting from them? Either way, you'll just have to say no next time it seems. Sucks, because you want to be nice, but not work the grief.
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05-11-2011, 02:35 PM
This is why im so glad I own and not rent.
Ain't nobody got da rite to come on ma property unless they wanna beatin' 
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man, it feels good to be a gangster
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(#12)
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05-11-2011, 02:50 PM
Quote:
Originally Posted by Howard Barlow The renter, being the lawful occupant of a domicile, has care, control, and custody of the property. The landlord cannot give consent to another, except by terms of the lease or rental policy. Generally, the landlord can send, with prior notice, a service person to make repairs, etc. This isn't always true, but it's the way smart money bets.
As a reserve deputy, I've removed more than one landlord from his rental property.
None of the foregoing should be construed to be legal advice, because it isn't.
Also, a landlord, by the written terms, has the right to make property inspections, from time to time. | Back in the stone age, when my wife and I were renting a house we had to change the lock on the front door because a key broke off in the lock... we had not managed to get a new key to the owner (it had been less than 48 hours) and he decided he needed to "inspect" the house (without informing us).. when he couldn't get in the front door, he used his key on the back door and broke the chain across the door to do so.. left the back door unlocked and partially open when he left.
When we arrived home (and still did not know he'd decided to do this), we found what for all the world looked like a break in... after a quick inspection to realize nothing was missing, we concluded it must have been him. (It wasn't the first time he'd tried to bully us into things.) After checking our rights, we informed him that if he did it again, our first call would not be to him, but to 911 and he would be arrested for breaking and entering.
Bottom line - he did not have the right to enter the property without notice. Therefore, I would surmise that someone he sent would not, either.
Now, I am not a lawyer and I cannot tell you what constitutes "notice." But I am 100% certain you cannot do it without making a reasonable request of doing it at a convenient time for the renter... and documenting those requests so what when they do not have a reasonable response to timing, you can then enter the property at will.
(That rental did not end well, by the way.. no surprise. Never, ever, ever, ever rent a house that was someone's first home... he never did see it as a rental property - he saw it as his house that he was letting us use... he even tried to dictate how we decorated. Needless to say, we did not get our security deposit back.)
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05-11-2011, 02:51 PM
The shame of it is the renter disregards the little things like turning off the water or letting it drip when there is a freeze, and the landlord has to pay for the repairs when they wouldn't have been necessary in the first place. (For a real owners nightmare, watch Michael Keaton in Pacific Heights.) | | | |
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05-11-2011, 04:27 PM
Quote:
Originally Posted by andyz The shame of it is the renter disregards the little things like turning off the water or letting it drip when there is a freeze, and the landlord has to pay for the repairs when they wouldn't have been necessary in the first place. (For a real owners nightmare, watch Michael Keaton in Pacific Heights.) | or watch duplex. It will make you despise that little old lady. 
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05-11-2011, 04:35 PM
Quote:
Originally Posted by carrbowl well we have done 3 nice, VERY nice things for a "new" neighbor and have been bitten in the butt, literally cussed out each time. I'm done. ...... Not only did she spend 5 minutes cussing at my husband using the f word every other word, she didn't have a clue where her sprinkler system was | Repeat after me "No Good Deed Goes Unpunished!" 
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