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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100007
Experience:  Attorney
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Landlord-tenant issue. Tenant refuses to allow me to enter

Customer Question

Landlord-tenant issue. Tenant refuses to allow me to enter property unless she is there. She has a teenage daughter in residence. Tenants are vacating at the end of the month. I am trying to schedule repairs and maintenance contractors for estimates. I have assured her I would be there at all times when these people are in the property. I have given her roommate 24 hours advance notice of my intent to enter. I did not specifically speak to the tenant who is refusing to allow me to enter. Lease agreement provides for me to enter to inspect property and or schedule repairs or maintenance with 24 hours notice. Where do I stand?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) f you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you tell me first whether the LEASE CONTRACT states anything about landlord entry, or, it is silent in regards ***** ***** issue?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Expert:  Ely replied 1 year ago.
Hello,
You have not responded to my information request and I may have to log off soon, so I will provide an answer based on the information I do have.
Unless the contract specifies otherwise, there is no statutory law for landlord entry in CO. This may however be in municipal or county ordinances - if you reply and tell me WHERE this is specifically, I can comment on this.
Since there is no statutory law, this is handled based on basis of common sense and good manners and general principles as developed in common law. That is:
-landlord may enter with reasonable notice (24 hours),
-during normal business hours (8 am to 6 pm).
-the reasons can include necessary or agreed repairs, exhibition property to potential buyers or tenants, etc.
-emergencies suspend this rule
So someone in your situation may still technically enter provided one gave 24 hour notice, regardless of who gave permission or did not, as long as it is for a reasonable need.
Again, if you tell me what municipality/county you are in, I can tell you how those local ordinance may augment the answer.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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