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When Can a Landlord Enter the Premises?

Home > Attorney At Law

Whether you are a tenant or a landlord, there are laws the must be followed regarding the landlord entering the premises. These laws vary from state to state. However, there are some general rules that typically apply, regardless of the location.

During An Emergency

The landlord is allowed to enter the premises in case of an emergency. They are not required to give notice to the tenant. These emergencies can include gas leaks, plumbing breaks, or other potential emergencies.

To Inspect For and Make Necessary Repairs

Tenants have a right to their privacy. Landlords also have a right to take care of their property, which is why landlords are permitted entry for repairs. Repair work typically requires 24 hours of notice to the tenant. They must also provide notice before entering to inspect the property.

To Show Premises

The landlord is allowed to enter the premises to show it to various parties. These situations also require 24 hours of notice. These can include showing the property to insurance companies, mortgage companies, and prospective tenants.

Reasonable Notice

In most cases, landlords are required to provide the tenant with at least 24 hours of notice. The time of entry must take place during reasonable hours. These hours vary from state to state, but are typically during regular business hours.

There are certain situations where a landlord is allowed to enter the premises. These laws are vital to allow the tenant confidence in their privacy, while allowing the landlord to be comfortable with the upkeep of their property. If you think you may have experienced a violation of these laws, whether you are a tenant or landlord, contact us at LeBaron & Jensen today. We strive to provide top-notch legal representation, which will provide you with the easiest legal process possible.

Filed Under: Attorney At Law

The term foreclosure doesn’t come with many positive connotations. Generally speaking, the land of real estate can have a significant impact on your bottom line. Whether you are in danger of undergoing foreclosure or are considering purchasing a foreclosed property, it is vital to know everything you can about foreclosure.

What is Foreclosure?

Foreclosed property is property that belongs to a bank. These properties occur when the borrower doesn’t pay their mortgage for an extended period of time. There are several common things that lead to foreclosure. These include:

  • Loss of job
  • Job transfer to a new location
  • Inability to work due to a medical condition
  • Maintenance issues that the borrower can no longer afford
  • Divorce or other conflict with a co-owner
  • Excessive debt

Buying a Foreclosed Property

Buying a foreclosed property can get you a great deal on real estate. Banks tend to sell foreclosed properties in bulk or at an auction. Less frequently, banks use a real estate agent to list a property. In these situations, the bank’s real estate agent is typically the only agent involved. Buying a foreclosed property requires a significant amount of research in order to avoid extensive expenses for repairs or outstanding liens. Foreclosed properties tend to have very little room for negotiation and are usually sold “as-is.”

Undergoing Foreclosure

Don’t fret if you’re a few days late on your mortgage payment. Most lenders will allow a 15-day grace period. However, when you miss mortgage payments for longer than 90 days, it can become a serious problem. The property will likely go into pre-foreclosure and the situation must be rectified immediately. Undergoing foreclosure will significantly impact your credit score and can cause a snowball effect of negative consequences.

Foreclosure laws and proceedings vary from state to state. Though real estate agents are invaluable throughout any real estate process, they don’t have the same legal knowledge as a lawyer. Whether you are undergoing foreclosure or looking to purchase foreclosed property, it is highly recommended that you consult with a knowledgeable foreclosure lawyer. To obtain quality legal counsel, contact us at LeBaron & Jensen today!

Filed Under: Attorney At Law

The laws concerning security deposits vary from state to state. There are a few general reasons that a landlord may be entitled to keep part or all of the tenant’s security deposit. The period in which the landlord must return the deposit varies, but it is typically within 15-30 days of moving out. The landlord is also required to include an itemized list of any deductions, so that you know exactly why your security deposit was withheld.

Reasons a Landlord May Keep the Deposit

There are four general reasons a landlord will be allowed to keep the security deposit. The security deposit may be kept to compensate for unpaid rent or if the property requires excessive cleaning. The deposit may also be used to offset the cost of repairing damages, as well as the cost of repairing or replacing damaged appliances. Normal wear or tear that occurs through regular living is not a reason that the landlord may keep the deposit.

What is Considered Wear or Tear?

Wear or tear occurs whenever a property is occupied. The longer a tenant has resided in a property, the more reasonable wear or tear can be expected. Small stains or holes are typically considered wear or tear. Faded blinds, paint, or curtains all occur over time. Rug wear from regular use is another type of wear or tear.

How Do I Keep my Security Deposit?

There are several steps you can follow to ensure that you will receive as much of your security deposit back as possible. You must give proper notice to your landlord prior to moving out. Clean the property thoroughly to prevent any excessive cleaning costs.

You should consider walking through the property with your landlord prior to move-out. This will allow you to check base with them regarding any repairs that must be made. Take pictures both when you move in and before you move out. Don’t make any unauthorized repairs and ask for explanations of vague terminology in your contract. If you do not receive your security deposit within the specified period of time, you must follow the necessary procedures to obtain it. Draft a properly formatted demand letter.

Because the laws vary between states, it is highly recommended that you consult with someone who is familiar with real estate law in your state. A security deposit tends to be thousands of dollars, so it is important to do everything you can to recover it. If you need help securing your deposit, contact us at LeBaron & Jensen today!

 

Filed Under: Real Estate Law, Attorney At Law

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1241 North Main Street
Layton, UT 84041
(801)773-9488

1048 Main St, Suite A,
Evanston, WY 82930
(307) 323-4747
Monday 8:30 AM - 5:30 PM
Tuesday 8:30 AM - 5:30 PM
Wednesday 8:30 AM - 5:30 PM
Thursday 8:30 AM - 5:30 PM
Friday 8:30 AM - 5:30 PM
Saturday Closed
Sunday Closed

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Hours

1241 N Main St
Layton, UT 84041
(801) 773-9488
1048 Main St, Suite A,
Evanston, WY 82930
(307) 323-4747
Monday 8:30 AM - 5:30 PM
Tuesday 8:30 AM - 5:30 PM
Wednesday 8:30 AM - 5:30 PM
Thursday 8:30 AM - 5:30 PM
Friday 8:30 AM - 5:30 PM
Saturday Closed
Sunday Closed

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