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is voicemail a proper way of notifying tenants for inspection?

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switchex

Member
What is the name of your state? MD

I visited my tenants house last week after leaving them a voice mail as I always have in the past. But now that we are in bad terms, they claim that they got the got the message a day later and that i should have talked to them in person and not left a message ....they say that my entery was unlawufull.

My contract says: "24 hour notice prior to inspection", but it does not specify in what form. Did i enter the house unlawfully? My contract just says 24 hour notice!
 


HomeGuru

Senior Member
What is the name of your state? MD

I visited my tenants house last week after leaving them a voice mail as I always have in the past. But now that we are in bad terms, they claim that they got the got the message a day later and that i should have talked to them in person and not left a message ....they say that my entery was unlawufull.

My contract says: "24 hour notice prior to inspection", but it does not specify in what form. Did i enter the house unlawfully? My contract just says 24 hour notice!

**A: what was the reason for entering?
 

switchex

Member
per my contract, i have the right to inspect the property once a month with a 24 hour notice. Reason for entery was just "inspection".


I was also trying to find out if they have abandonedthe property since they had stopped answering calls and returning messages as of 12/5 when rent was due. I had left them a messages on 12/8 indicating that if they dont call me back by 12/10, i assume they have abandoned the property.
 
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they claim that they got the got the message a day later and that i should have talked to them in person and not left a message ....they say that my entery was unlawufull.

they had stopped answering calls and returning messages as of 12/5 when rent was due. I had left them a messages on 12/8

How could you have talked to them in person if they stopped answering calls or returning messages? From now on, post a written copy of the notice of intent to enter on the door along with calling your tenants and leaving a message. (And keep a copy for the file.) If they don't look at their door or check their messages, it's not my fault.
 

Cvillecpm

Senior Member
You should e-mail a few days in advance and follow up with VM 24 hours before....if I don't get a response to e-mail I print, copy and send via snail mail.

You need to have proof that it was sent, not that they received it.

You need to be proceeding with an eviction and not inspecting the unit...their next contact from you should be a process server.
 

ncpropmgr

Member
You are correct in that you can leave a voicemail as a 24-hour notice.

BUT...if this ever goes to court, it's going to be a he-said/she-said situation. And the judge will probally fall in line with the resident, as we(LL) are always the mean money grubbin landlord, so best is to always do it in writing.

good luck!
 

ecmst12

Senior Member
And the judge will probally fall in line with the resident, as we(LL) are always the mean money grubbin landlord, so best is to always do it in writing.

That really depends on the state, and even on the local town and the particular judge. But some states are generally more LL friendly, and some are generally more tenant friendly. Not sure where MD falls on that scale.
 

xylene

Senior Member
per my contract, i have the right to inspect the property once a month with a 24 hour notice. Reason for entery was just "inspection".

It would seem, that, you have given valid notice.

You didn't just pull this out of the thin air. The lease details monthly inspections.
 

johnd

Member
Notice is notice. It could be written on a piece of tp and pasted to the guy's windshield. Next time, include this proviso in your lease (that notice may be given in any manner) and then protect your interests by substantiating service. There are many means: certified mail, personal service, posting with an affidavit, posting with a photo (of the posting), or for those more experienced, telephone call with telephone log, fax with fax log, email with copy. Need I go any further? It's really not that complicated, let us not make it so. Just be deliberate and protect your interests by substantiating service in the future.
 

ncpropmgr

Member
That really depends on the state, and even on the local town and the particular judge. But some states are generally more LL friendly, and some are generally more tenant friendly. Not sure where MD falls on that scale.

It's SCARY SCARY how tenant friendly Maryland is...DC is even worse. If you are in Montgomery County it's a horrible experience for a landlord. I spent six weeks there, and between the RE laws and that you couldn't purchase beer in regular stores, I had to LEAVE! :)
 

ecmst12

Senior Member
Can't buy beer in regular stores anywhere in my entire STATE...always feels weird to visit other states where you can buy it in grocery stores :)

Being a tenant, I don't have much problem with tenant-friendly states. I think the burden SHOULD be on the LL, since he tends to be the more informed, more powerful party and can easily take advantage of an uninformed tenant. The penalties SHOULD be harsh for those who break the law.
 

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