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Building Access During COVID-19

by Kevin Kiene

During a time of such uncertainty, you’re likely trying to grapple with not only how to protect your health and family, but also your business. To protect your tenants and the community, you may have found yourself wondering what restrictions can you enforce on your property Building Access During COVID-19.

Currently, there are legally binding guidelines around social distancing in place in the majority of the country. As many as three-quarters of the country are presently under shelter-in-place

orders, and it’s something we as a society must take seriously. So what happens if your tenant isn’t following social distancing protocols? Can you, as the landlord, enforce compliance?

What the Law Says About Building Access During COVID-19

Legally, landlords cannot restrict tenants from having guests, even amidst the social distancing or stay-at-home orders. There are several legitimate reasons that tenants may have additional persons on the premises. For instance, they could be essential caregivers or grocery or medicine delivery persons, among other possibilities. Any of these people have legitimate cause for being on the property, and it would be not only unnecessary but also harmful –– and illegal –– to attempt to interfere.

That said, as the landlord, there are times you can legally interfere. If your tenants violate the order of maximum people in a gathering –– which varies by state –– you can, and should, intervene.

What You Should Do About Building Access During COVID-19

As a landlord, there are things you can do to help contain the spread of COVID-19. First, you must practice responsible social distancing and shelter-in-place orders yourself. That does not mean letting your property go mismanaged. Instead, you must leverage technology.

Whenever possible, email tenants rather than meeting with them. Ensure you translate your emails, and distribute them at a time of day, or night, when you are not going to be in contact or within 6-feet of others. Any communications should be worded as a suggestion or urge, not an outright ban.

More than anything, you must trust your tenants to make responsible decisions for themselves and the community. And, in the event that they do not make these decisions on their own, contact the proper authorities to enforce compliance.

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Simone
Simone
2 years ago

We are selling our rental property in HI an the tenant has not paid this months rent an she is being very controlling about letting us make appointments to show the house to buyers. She is not responding an fighting with our realtor. I have sent her a notice that we are selling a notice to pay under the coved 19 Deferral an a notice that we will be showing the property. What else can I do? To make sure we can show our property when we need too?

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