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Does a landlord have right to go on rental property without…

Customer Question
Second opinion] Does a...

Second opinion] Does a landlord have right to go on rental property without permission of tenants for reasons of working around the grounds

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Mississippi

Lawyer's Assistant: Has anything been filed or reported?

Yes I have had tenants served with eviction papers for failure to pay any rent since taking up residence

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I be arrested for going on my property without permission and can I give 24 hour notice and go to property to pick up furniture tenants was to buy but refuses to pay for or allow me to retrieve

Submitted: 7 months ago.Category: Landlord-Tenant
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9/26/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 11,325
Experience: Licensed to practice before state and federal court
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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Generally, tenants have the right to quiet enjoyment. This means that the tenant does not have to allow a party onto the property unless there is an emergency or if the tenant consents. Also, a landlord is allowed into the apartment to conduct reasonable repairs from time to time such as to fix their carbon monoxide detector or smoke detector. Otherwise, the landlord is not allowed in unless they give notice that they are coming in for those specific reasons. As far as whether you can be arrested for going onto your property without permission for the purpose of getting money or property, the answer is going to be that you probably wouldn’t be arrested, but you could be sued for trespass if that is the case. If they owe you something contractually and they haven’t performed, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

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Category: Landlord-Tenant
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