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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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If a tenant will not let you in the house, nor answer their

Customer Question

If a tenant will not let you in the house, nor answer their door, after you have given them an 8 day notice of intent to enter for damage inspection, are you by law able to go ahead and enter the house to do the inspection ???
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

What state are you from?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Benton County
Expert:  Christopher B, Esq replied 1 year ago.

Tenants have a basic right to privacy in their rental homes. That doesn’t mean that landlords always need an invitation to enter. Under Arkansas state law (Ark. Code Ann. § 18-17-602), landlords can enter rented premise in the following circumstances:

1) to remedy a health or safety condition caused by tenant’s noncompliance (seeArk. Code 18-17-702 and 18-17-601); landlord may enter immediately in cases of emergency, otherwise the tenant must remedy the health or safety condition within 14 days after receiving written noticeto make needed inspections and repairs

2) to investigate possible lease violations or criminal activity, or

3) to show the property to prospective new tenants, purchasers or contractors.

Arkansas law does not specify the amount of notice that landlords must give before entering the dwelling, so check whether your lease or rental agreement specifies a minimum amount of notice. If not, ypu should give at least 24 hours’ notice before entering, except when there is a true emergency or you are invited by the tenant to enter; in some cases, less notice might be fine—for example, if you find out on a Tuesday night that the plumber is available to replace the garbage disposal in your apartment the next morning. I would make sure you that if the tenant starts to cause a problem that you do not enter and you might think about just letting the tenant vacate and then enter the premises especially if there are dangerous dogs in the house. While you do have a right to enter, it might be best not to make an issue if there is a possibility of violence or danger. You have started the eviction process so you should weigh the pluses and minuses of this action.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating? It does not cost you anything extra and just lets the site compensate me for my time. I would really appreciate your help in this matter.

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