Can I enter apartment as an emergency?

[Seanscott]

What is the name of your state (only U.S. law)? Indiana

I received a call from town hall today that my tenants utilities will be shut off for non-payment at 8:00 tomorrow morning. They can disconnect the electricity easily but may have to enter the dwelling to disconnect the water.

Is this considered an "emergency", or must I give the tenants a 24 hour notice?

I really don't care, I'll be starting the eviction process tomorrow anyway.

Thank you

 

[justalayman]

No, it's not an emergency and the city should have a shut off at the street anyway.

 

[Who's Liable?]

It's not considered an emergency, but you are not actually doing the entering, the utility company is. Therefore, you will not be liable.

Continue with the eviction procedure as stated.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Indiana

I received a call from town hall today that my tenants utilities will be shut off for non-payment at 8:00 tomorrow morning. They can disconnect the electricity easily but may have to enter the dwelling to disconnect the water.

Is this considered an "emergency", or must I give the tenants a 24 hour notice?

I really don't care, I'll be starting the eviction process tomorrow anyway.

Thank you

**A: isn't there a water meter outside the property? They can't just barge in iif there is no leak.

 

[justalayman]

It's not considered an emergency, but you are not actually doing the entering, the utility company is. Therefore, you will not be liable.

Continue with the eviction procedure as stated.

Unless the utility company breaks down the door, the LL is effectively entering the premises. The rules apply to the LL, their agents, and assigns.


If you don't like that one:

the utility company has absolutely no right to enter a premises without a court order or exigent circumstances. There is apparently neither here.

 

[HomeGuru]

Unless the utility company breaks down the door, the LL is effectively entering the premises. The rules apply to the LL, their agents, and assigns.


If you don't like that one:

the utility company has absolutely no right to enter a premises without a court order or exigent circumstances. There is apparently neither here.

**A: I take it the OP wants us to say yes so he can open the door to let the water guys in.

 

[justalayman]

I think the LL needs to be pretty careful right about now. Since it is illegal to turn off the utilities in an attempt to evict the tenant, LL might want to get a signed statement from each of the utility providers that he had nothing to do with the utilities being turned off. The timing is just a bit too perfect to be see as just a coincidence.

 

[Who's Liable?]

Unless the utility company breaks down the door, the LL is effectively entering the premises. The rules apply to the LL, their agents, and assigns.


If you don't like that one:

the utility company has absolutely no right to enter a premises without a court order or exigent circumstances. There is apparently neither here.

Didn't realize utility companies in IN were considered assigns or agents of the LL.

 

[Seanscott]

This is a duplex with separate water meters in the basements. I went to town hall after they called me and was told they may need to disconnect the water by going inside the house.
Yes, I want the deadbeats out, but I am not shutting off the utilities in order to force them out - they haven't paid their utility bill and the town is disconnecting service.
If they don't pay the bill, then I (as landlord) will have to pay it after they skip out, according to a local law.
They are behind on the rent so this just seemed like the opportune time to give them a pay or quit notice. I figure they'll leave rather than pay the late rent, utility bill and reconnect charges.
The monthly bills are clearly marked "payment due by the 15th, disconnects start on the 26th".

 

[justalayman]

Didn't realize utility companies in IN were considered assigns or agents of the LL.

basically anybody that is doing anything that is under the control of the LL falls under the regulations placed on the LL. If the LL is opening the door for the utility, it falls under the rules placed on the LL.

 

[justalayman]

This is a duplex with separate water meters in the basements. I went to town hall after they called me and was told they may need to disconnect the water by going inside the house.
Yes, I want the deadbeats out, but I am not shutting off the utilities in order to force them out - they haven't paid their utility bill and the town is disconnecting service.
If they don't pay the bill, then I (as landlord) will have to pay it after they skip out, according to a local law.
They are behind on the rent so this just seemed like the opportune time to give them a pay or quit notice. I figure they'll leave rather than pay the late rent, utility bill and reconnect charges.
The monthly bills are clearly marked "payment due by the 15th, disconnects start on the 26th".

You go for it but I'm just trying to give you a heads up. It is mighty suspicious. If the tenants believe so as well and sue you for illegal eviction, it is going to cost you much more than if you had left the utilities on, even if you have to pay for them out of your pocket. Personally, I'm not a gambler so I tend to go for the safe bet but obviously you are free to do what you want.

here are your rules of entry in Indiana:

(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.

so, basically, you need to give the tenant "reasonable notice". I haven't researched any case law on the term for Indiana but most states accept 24 hours notice as reasonable. Reasonable times vary but 9-5 is always considered reasonable. Some states I have heard have considered 8'ish or so in the morning to as late as 8'ish at night as reasonable. If you are evicting, I would tend to stay away from anything that is questionable. It just gives them ammunition against you.

So, if you haven't already given the tenants notice, you aren't going to be able to enter the premises tomorrow unless they let you in. The water company is simply going to have to deal with it.

You also realize that even if they do not pay or leave per the pay or quit notice, you still have to go to court to have the courts evict them, right? I can only imagine how bad a house can get if there is no running water for however long it might take you to go to court and have the sheriff remove them. You seriously might consider keeping that on for your own sake.

 

[FarmerJ]

Sean dont let them in yet , yes it would be too easy for tenant to argue in court that you had something to do with the shut off. Instead if you do not have copies now go in person and see if you can get disconnect notice copies, then when you go to court if the tenants claim you had anything to do with it your copy of the lease showing the tenant to be responsible for utility bills and the copies of the disconnect notices should satisfy the court that you had nothing to do with it. With the water meter set up , question is there only one main line to street or TWO ? if there is only one then wich half of the house does it come into and if by chance the line comes into the other side of the house the tenant does not rent from you could the city disconnect the line from that other units basement ( after shutting off the valve at the stop box for a few minutes then disconnecting the one to prevent flooding and then turn stop valve out front back on ?) anyway about the electric utility , meter is on outside of house , so once its off , too bad for tenant. First simply ask the water dept if they can wait for your court hearing , If they wont then get them to put it in writting and like I said if its one main line and can be shut off from other half of the house in the basement let them do it from over there , then later on in the future collect a special deposit from next tenant to cover last months util so it is in clear terms in the lease it is not damage related but dedicated to utility bill use.

 

[HoHum]

I talked to a LL lawyer I know and he said that emergency is defined as life threatening in the state of Tn. And is the same in many states. Thus the LL is able to enter in that case and so is any citizen. However if it turns out to be entry in a non-life threatening ems then the tenant could claim the LL wanted entry for any of many reasons and the burden of proof is on the LL to show he thought it was life threatening. If there is a clause in the lease that the LL can make entry for any reason with no one home then that clause is invalidated by state law that saids any time a LL enters a rental space that is occupied then a Representative of the occupant and one other Representative of the LL must be present.

 

[FarmerJ]

Legit emergency entry to a unit is more than just life threatening , if a tornado , wind, hail storm has broken windows ripped a roof off or sent tree limbs into roof making a hole LL has every right to go in secure the property and take short term steps to reduce damage to his /her property. If LL learns there is a gas or water leak , like in a two unit home from other tenant not only is LL able to go in but LL is able to bring in gas co/ water dept if needed to shut off services while they get someone out to fix it same day, ever see a dual meter socket box start on fire, smoke ? friend who has property in brooklyn park mn had that happen, he entered both units to make sure they were okay, while he called a electrician out. One leg of the service for some reason overheated and litterally burned , home that has been broken into , I cant imagine a court punishing a LL for going in , inspecting quickly and securing the unit so no further damage could be done . LLs have many legit reasons to enter a unit with no notice BUT with a eviction pending its better to stay out of the unit , Sean I know your not happy with the situation you have but unless the city is threatening to turn off a single stop box that serves the entire structure try to hold off , if there is no way to hold off and water lines are set up where it goes into the other side of house first then see if they can disconnect and cap from that side, Yes its bigger pain in the side, but that way your not having to enter the unit.

 

[justalayman]

hohum., I posted the pertinent law a couple posts ago. It clearly states what is considered an emergency. It clearly states what is required to be present for the LL to enter without prior notice.


One thing OP needs to also understand;

even if he provides notice to enter, the tenant can still refuse to allow the LL to enter if they are there. The LL's option at that time would be to seek a courts order to allow the entry which would then fall under the "no notice required" section.