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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I have a rental property and I gave the tenant a 24 hr notice

Customer Question

I have a rental property and I gave the tenant a 24 hr notice to go in the house and access the need for a new ac unit and she filed a claim against me that I entered the home without giving a notice. The lease states that Im required to give a 24 hour notice and I notified her over the phone . Did the notice have to be in writing? What can happen to me if this goes to court?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
My apologies but for this to be a legal notice, it must be in writing. Most tenants can accept a phone call, or even text (if they respond and confirm), but historically for this to be 'proper', it has to be in writing. Here, if she admits that a call was received, a judge will likely admonish you and let it go as there was no real damage but if you cannot prove that a call was made and that she didn't consent, he can fine you anywhere from one period to three periods worth of rents, and likewise warn you not to do it again.
Sincerely,
Dimitry, Esq.

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