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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Lawyer
Category: Real Estate Law
Satisfied Customers: 3154
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I rent my old home. A girl that sometimes lives at my old

Customer Question

I rent my old home. A girl that sometimes lives at my old neighbors home works for the state in permits in some capacity and her aunt works in the housing department. He child stepped on a nail in my renters lawn and she threatened to sue me and stick her aunt on me because the porch trim is rotting. The home is only 12 years old and structurally sound. Last month I received notice from the state that the home had been inspected and required that I rebuild the porch with sealed or painted wood. I did this and she contacted the renters that it wasn't done to code. I contacted her to please stay off my property going forward or I would consider it trespassing. She replied that I do not have that right as a landlord of the property. Is she right?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Thomas Swartz replied 11 months ago.

Hello Benjamin,

No she is not right. As a landlord and owner of the property you do have the right to exclude anyone else from the property except your current tenant. Your current tenant has a right to be on the property. But you can exclude any others from entering the property unless there is some provision in the lease which allows the tenant to have guests on the property. And even in that case, the lease provisions must be complied with, the person on the property must be a legitimate guest of the tenant, and the guest must comply with all rules and conditions on the property. If she is claiming she has a right to be on the property because of she works for the state, you have the right to ask the state permit agency to request another official to do any inspecting because she clearly has a conflict of interest in inspecting to property given the incident that happened with the nail.


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