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Can a Temecula Property Owner Be Charged with Trespassing?

A Property Owner Feeling Frustrated About Driving All the Way to His Rental PropertyCan a property owner be charged with criminal trespass on his/her own Temecula rental property? As a rental property owner, you might at some point think to yourself that it would be beneficial to drop by your rental property to take care of some basic maintenance and repairs. You feel as if these maintenance activities will have a positive effect on your renters.

Is it OK to drop by to perform these repairs without first notifying the renters?

  1. Yes, because I own the property.
  2. Yes, because these things will benefit the renters and they probably won’t be there.
  3. No

The Answer: 3. No

When your residents sign the lease, you give up the right of possession to the Temecula rental property – both the inside and outside. With that in mind, you must provide adequate notice to your residents before entering your property based on the lease and your local law states. Often, it is required to provide 24 hours’ advance notice before entering the home for maintenance or repairs. If you do not follow what’s specified by the lease or law, you could be charged with criminal trespassing, even if you are the owner of the Temecula rental property.

Exceptions to this law may include emergency repairs for safety issues or building code violations. Or, if the maintenance call is a direct request from your residents,  then permission may be implied unless specifically stated in the lease that advance notice should be provided for all repairs.

As a client of a Realevate Specialists office, you can be certain that we provide the proper notice to your renters prior to entering the property for repairs, maintenance or property evaluations. Would you like to learn more? Please contact us online or call our Mission Valley office at 858-997-2100 or our Temecula office at 951-461-0100 for more information.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.