Follow us on Twitter!
Follow us on Facebook!
 

Go Back   Pixtus - Photography Forum, Photographers, Photo Tips > General Information > Open Talk


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 ...

Reply
 
LinkBack Thread Tools Display Modes
  (#1) Old
Supa Dupa Poster
 
carrbowl's Avatar
 
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 LIKES Received: 29
Likes Given 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??

---------------------------
Renae Carr
www.6carrphotography.com
Reply With Quote
Sponsored Links

Premium Members do not see Google advertisements. SIGN UP today and help support our community.
  (#2) Old
Senior Member
 
tertius's Avatar
 
Posts: 283
Join Date: Mar 2010
Location: Dallas, Texas
Real First Name: Kyle
Camera: Nikon
Can Others Edit My Photos: No
iTrader Rating: 0

Likes Received LIKES Received: 0
Likes Given LIKES Given: 0
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.
Reply With Quote
  (#3) Old
Supa Dupa Poster
 
carrbowl's Avatar
 
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 LIKES Received: 29
Likes Given LIKES Given: 47
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!!

---------------------------
Renae Carr
www.6carrphotography.com
Reply With Quote
  (#4) Old
Premium Member
 
SCone's Avatar
 
Posts: 1,890
Join Date: Nov 2007
Location: Mesquite, Texas
Real First Name: Stephen
Camera: Canon
Can Others Edit My Photos: No
iTrader Rating: 19

Likes Received LIKES Received: 106
Likes Given LIKES Given: 0
05-10-2011, 10:12 PM


This is why I keep my attorney on speed-dial

---------------------------
I won't be wronged. I won't be insulted. I won't be laid a-hand on.
I don't do these things to other people, and I require the same from them.
- J. B. Books
Reply With Quote
  (#5) Old
Forum Master
 
Howard Barlow's Avatar
 
Posts: 1,891
Join Date: Jan 2007
Location: Beaumont, Texas
Real First Name: Howard
Camera: Canon
Can Others Edit My Photos: Yes
iTrader Rating: 0

Likes Received LIKES Received: 123
Likes Given LIKES Given: 9
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.

---------------------------
While you are reading this, your enemy is training.

Last edited by Howard Barlow; 05-11-2011 at 12:44 AM..
Reply With Quote
  (#6) Old
Premium Member
 
Stargazer77517's Avatar
 
Posts: 2,947
Join Date: Jun 2008
Location: Santa Fe, Texas, Texas
Real First Name: Fred
Camera: Canon 1D Mk II , 50D, 7D
Can Others Edit My Photos: Yes
iTrader Rating: 2

Likes Received LIKES Received: 89
Likes Given LIKES Given: 131
05-11-2011, 05:47 AM


Quote:
Originally Posted by Howard Barlow View Post
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.

---------------------------
Fred

Gallery http://davisbourque.zenfolio.com/
Reply With Quote
  (#7) Old
Supa Dupa Poster
 
carrbowl's Avatar
 
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 LIKES Received: 29
Likes Given LIKES Given: 47
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.

---------------------------
Renae Carr
www.6carrphotography.com
Reply With Quote
  (#8) Old
Junior Member
 
Visionary's Avatar
 
Posts: 10
Join Date: May 2011
Location: Friendswood, Texas
Real First Name: Joe
Camera: None
Can Others Edit My Photos: Yes
iTrader Rating: 0

Likes Received LIKES Received: 0
Likes Given LIKES Given: 0
05-11-2011, 10:53 AM


oops wrong area lol
Reply With Quote
  (#9) Old
Uber Poster
 
texkam's Avatar
 
Posts: 3,355
Join Date: Feb 2009
Location: Plano, Texas
Real First Name: Mark
Camera: Canon
Can Others Edit My Photos: No
iTrader Rating: 3

Likes Received LIKES Received: 137
Likes Given LIKES Given: 197
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.
Reply With Quote
  (#10) Old
The Sony Alpha Mod
 
groovyone's Avatar
 
Posts: 8,670
Join Date: Dec 2006
Location: Dickinson, Texas
Real First Name: Keith
Camera: Sony A900/A100/NEX-7
Can Others Edit My Photos: Yes
iTrader Rating: 5

Likes Received LIKES Received: 388
Likes Given LIKES Given: 564
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.

---------------------------
Sony|SonyIR|Sony NEX|Minolta Film|Polaroid
If I could tell the story in words, I wouldn't need to lug around a camera. ~Lewis Hine
"No one cares how hard you worked...but they will notice if you didn't work hard enough." -Ctein
Reply With Quote
  (#11) Old
Account Closed Per User Request
 
zachary's Avatar
 
Posts: 575
Join Date: Dec 2010
Location: Fiddlers Green, Texas
Real First Name: Jayne
Camera: Bronica Model C
Can Others Edit My Photos: No
iTrader Rating: 0

Likes Received LIKES Received: 3
Likes Given LIKES Given: 1
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'

---------------------------
man, it feels good to be a gangster
Reply With Quote
  (#12) Old
You Can't Be Serious!!
 
brad's Avatar
 
Posts: 13,314
Join Date: Mar 2005
Location: DFW, Texas
Real First Name: Brad (duh)
Camera: Canon
Can Others Edit My Photos: Yes
iTrader Rating: 12

Likes Received LIKES Received: 136
Likes Given LIKES Given: 33
05-11-2011, 02:50 PM


Quote:
Originally Posted by Howard Barlow View Post
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.)

---------------------------
Brad Barton, Grand Prairie, TX (DFW) Twitter -- Blog -- Headshots -- Portraits
Honest critiques always welcomed.
An artist is not paid for his labor, but for his vision. -- James Whistler, Painter, 1834-1903
Reply With Quote
  (#13) Old
Uber Poster
 
andyz's Avatar
 
Posts: 2,701
Join Date: Aug 2005
Location: Killeen, Texas
Real First Name: Andy
Camera: Canon 7D, 5D
Can Others Edit My Photos: Yes
iTrader Rating: 8

Likes Received LIKES Received: 76
Likes Given LIKES Given: 1
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.)
Reply With Quote
  (#14) Old
Account Closed Per User Request
 
zachary's Avatar
 
Posts: 575
Join Date: Dec 2010
Location: Fiddlers Green, Texas
Real First Name: Jayne
Camera: Bronica Model C
Can Others Edit My Photos: No
iTrader Rating: 0

Likes Received LIKES Received: 3
Likes Given LIKES Given: 1
05-11-2011, 04:27 PM


Quote:
Originally Posted by andyz View Post
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.

---------------------------
man, it feels good to be a gangster
Reply With Quote
  (#15) Old
Premium Member
 
ka5txl's Avatar
 
Posts: 1,812
Join Date: Mar 2008
Location: Dallas, Texas
Real First Name: Larry
Camera: I shoot Pentax because I can nolonger get film or flash bulbs for my Kodak Brownie
Can Others Edit My Photos: Yes
iTrader Rating: 0

Likes Received LIKES Received: 14
Likes Given LIKES Given: 61
05-11-2011, 04:35 PM


Quote:
Originally Posted by carrbowl View Post
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!"

---------------------------
"People sleep peacefully in their beds at night only because rough men stand ready to visit violence on those who would do them harm." George Orwell
Reply With Quote
Reply

Tags
rights

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Visit Our Sponsors
 

Google Sponsors

Premium Members do not see Google advertisements. SIGN UP today and help support our community.

Copyright ©2004 - 2011, Abel Longoria - www.Pixtus.com
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2012, vBulletin Solutions, Inc.