I have a 4 bedroom/2 bath house that I rent rooms to multiple people. Each person has their own room and shares a bathroom with one other person. There is only one person per room. The house is listed as co-ed allowing both both males and females to live there at the same time. There are common areas that all tenants have equal access to such as den, kitchen, laundry room, garage, patio, etc. For the last 2 months, I have had only 3 females living there. Rent checks are due on the 1st of the month and I personally stop by to pick up the checks (as a courtesy)--they are to be left in a common area in an envelope such as the mantle or kitchen countertop. The amounts vary month to month based on the utility bills for the previous month and whethe the tenant is on a short or long term (6 month) lease, and I send an email or call each person to let them know what what their total rent check will be the last week of the month.
Last week I went by on July 2nd at around 5:00 in the afternoon. I knocked on the door, rang the doorbell, and then let myself in with my own key. The troublemaking tenant #1 was on the phone in the den, so I waived "hello" picked up the checks and exited the premises. Back at my car, I noticed that tenant #2 had overpaid their utility amount, so I wrote I immediately wrote refund check to give back to them. I then proceeded to do a couple of general maintenance tasks around the front and backyard. After about 15-20 minutes I re-entered the house and walked downstairs and gave the 2nd tenant her refund check. Unbeknown to me she had just recently gotten out of the shower and was sitting in her room with the door open in a bathrobe drying her hair. I handed her the check and apologized for the interruption and went back up the stairs. I made idle conversation with the troublemaking tenant #1 and tenant #3 for a few minutes and then left. This was the email I received later that evening from tenant #1:
Subject: Today's visit
I am quite surprised to have to e-mail you again so soon regarding essentialy the same type of situation. I spoke with Tenant #2 about your visit earlier this afternoon and I felt that we need to be crystal clear with regards to your future visits. We do have the right to peaceful enjoyment of this property as tenants.
Even though you did knock, you then let yourself in with your key. When we are here, which was obvious from the cars in the driveway, you may not let yourself in. This led to an uncomfortable situation this afternoon. We do need to be notified in advance of your visits. You need to wait to be let in. As you are aware, we are all female here and may need a moment to be comfortable in the presence of mixed company.
So...please notify us in advance when you plan to visit, drop by or show the vacant room. We would then advise you to the best of our ability with regards to our planned whereabouts. Please knock or ring the bell and wait to be let in when we are here. Please respect our privacy. Please leave a note on the rail when you have been on the property during our absence. This should help to avoid any embarassment in the future.
My reply:
I appreciate your concerns and regret that you and Tenant #2 were uncomfortable. I assure you all that I will always knock/announce my presence before entering the house. If you recall, I did indicate to everybody in the emails sent on Monday June 29th (for July rent amounts/June utility amounts) that I would stop by to pick up rent due shortly after the 1st of the month and that it was acceptable to just leave checks on the den mantle or kitchen countertop.
Please refer to section #34 of your lease, for the terms regarding "Access to Premises"
Section #34:
The Owner reserves the right to enter the residence at reasonable times to inspect, make necessary repairs, clean gutters, supply services or show it to prospective residents, purchasers, mortgages, workmen, or contractors. Whenever practicable, a 24 hour notice of the Owner's intent to enter shall be given to the Resident. The Owner may also display "for rent" and "for sale" signs on the building of which the rented residence is a part.
Tenant #1 reply:
I am concerned by your response. I have read section #34.
Once again, I will state and would like to have a reasonable response that it should by crystal clear that you will wait to be allowed into the premises while we are in residence. You will not "let yourself in" while we are present, whether or not you announce yourself by knocking or ringing the bell. There are laws that I can quote, if necessary, that support this position. Please read paragraph #32.
32. Validity of Lease Provisions
Any provision set forth in this Rental Agreement which is contrary to the state Residential Landlord and Tenant laws shall be treated by Landlord and Tenant as void and as if it were not set forth herein, but all other provision of the Rental Agreement shall remain in full force and effect
I will also note that you did not wait long enough to even allow anyone to answer the door, it was a token knock and immediate entry. I will once again request that you respect our privacy.
Due to the nature of the XXXXX industry in which we are all employed, what constitutes reasonable hours is subjective and dependant upon the current schedule, which is variable. This is why I stated that we would do our best to notifiy you of our intended whereabouts with proper notification.
Last time you were here working on windows, you entered the home while I was showering for work. How uncomfortable do you think that was?
Your last e-mail did not state a specific time you would be arriving so, that really does not constitute reasonable notice.
My questions: Can my entering a common area of the house be considered an invasion of privacy? This was rented as a coed facility, and although there not currently any males at the house, is it a valid argument for me to state that tenants should wear appropriate clothing at all time in common areas and to keep doors to private areas closed when dressed otherwise? Am I running the risk of a sexual harrassment if I enter the house without waiting to be let in/given permission? Given that this tenant has a nasty divorce in her recent past and has no fondness to men, I can see where this is going and can see no positive outcome. I would like to convince her to move out immediately, but I anticipate that when I tell her, "... I am unable to satisfy her rental requirements and that I strongly encourage her to find a place more suitable to her needs..." is unfortunately going to be adding fuel to the fire. Any suggestions to get her to immediately vacant would be appreciated. It is only 2 months into a 6 month lease and I have no clause in the lease that states the required notification time I am required to give in order to terminate the lease. Is there a required standard amount of notification time in the state of GA?
Last week I went by on July 2nd at around 5:00 in the afternoon. I knocked on the door, rang the doorbell, and then let myself in with my own key. The troublemaking tenant #1 was on the phone in the den, so I waived "hello" picked up the checks and exited the premises. Back at my car, I noticed that tenant #2 had overpaid their utility amount, so I wrote I immediately wrote refund check to give back to them. I then proceeded to do a couple of general maintenance tasks around the front and backyard. After about 15-20 minutes I re-entered the house and walked downstairs and gave the 2nd tenant her refund check. Unbeknown to me she had just recently gotten out of the shower and was sitting in her room with the door open in a bathrobe drying her hair. I handed her the check and apologized for the interruption and went back up the stairs. I made idle conversation with the troublemaking tenant #1 and tenant #3 for a few minutes and then left. This was the email I received later that evening from tenant #1:
Subject: Today's visit
I am quite surprised to have to e-mail you again so soon regarding essentialy the same type of situation. I spoke with Tenant #2 about your visit earlier this afternoon and I felt that we need to be crystal clear with regards to your future visits. We do have the right to peaceful enjoyment of this property as tenants.
Even though you did knock, you then let yourself in with your key. When we are here, which was obvious from the cars in the driveway, you may not let yourself in. This led to an uncomfortable situation this afternoon. We do need to be notified in advance of your visits. You need to wait to be let in. As you are aware, we are all female here and may need a moment to be comfortable in the presence of mixed company.
So...please notify us in advance when you plan to visit, drop by or show the vacant room. We would then advise you to the best of our ability with regards to our planned whereabouts. Please knock or ring the bell and wait to be let in when we are here. Please respect our privacy. Please leave a note on the rail when you have been on the property during our absence. This should help to avoid any embarassment in the future.
My reply:
I appreciate your concerns and regret that you and Tenant #2 were uncomfortable. I assure you all that I will always knock/announce my presence before entering the house. If you recall, I did indicate to everybody in the emails sent on Monday June 29th (for July rent amounts/June utility amounts) that I would stop by to pick up rent due shortly after the 1st of the month and that it was acceptable to just leave checks on the den mantle or kitchen countertop.
Please refer to section #34 of your lease, for the terms regarding "Access to Premises"
Section #34:
The Owner reserves the right to enter the residence at reasonable times to inspect, make necessary repairs, clean gutters, supply services or show it to prospective residents, purchasers, mortgages, workmen, or contractors. Whenever practicable, a 24 hour notice of the Owner's intent to enter shall be given to the Resident. The Owner may also display "for rent" and "for sale" signs on the building of which the rented residence is a part.
Tenant #1 reply:
I am concerned by your response. I have read section #34.
Once again, I will state and would like to have a reasonable response that it should by crystal clear that you will wait to be allowed into the premises while we are in residence. You will not "let yourself in" while we are present, whether or not you announce yourself by knocking or ringing the bell. There are laws that I can quote, if necessary, that support this position. Please read paragraph #32.
32. Validity of Lease Provisions
Any provision set forth in this Rental Agreement which is contrary to the state Residential Landlord and Tenant laws shall be treated by Landlord and Tenant as void and as if it were not set forth herein, but all other provision of the Rental Agreement shall remain in full force and effect
I will also note that you did not wait long enough to even allow anyone to answer the door, it was a token knock and immediate entry. I will once again request that you respect our privacy.
Due to the nature of the XXXXX industry in which we are all employed, what constitutes reasonable hours is subjective and dependant upon the current schedule, which is variable. This is why I stated that we would do our best to notifiy you of our intended whereabouts with proper notification.
Last time you were here working on windows, you entered the home while I was showering for work. How uncomfortable do you think that was?
Your last e-mail did not state a specific time you would be arriving so, that really does not constitute reasonable notice.
My questions: Can my entering a common area of the house be considered an invasion of privacy? This was rented as a coed facility, and although there not currently any males at the house, is it a valid argument for me to state that tenants should wear appropriate clothing at all time in common areas and to keep doors to private areas closed when dressed otherwise? Am I running the risk of a sexual harrassment if I enter the house without waiting to be let in/given permission? Given that this tenant has a nasty divorce in her recent past and has no fondness to men, I can see where this is going and can see no positive outcome. I would like to convince her to move out immediately, but I anticipate that when I tell her, "... I am unable to satisfy her rental requirements and that I strongly encourage her to find a place more suitable to her needs..." is unfortunately going to be adding fuel to the fire. Any suggestions to get her to immediately vacant would be appreciated. It is only 2 months into a 6 month lease and I have no clause in the lease that states the required notification time I am required to give in order to terminate the lease. Is there a required standard amount of notification time in the state of GA?
