LANDLORD RIGHT OF ENTRY
Does the Landlord, or his agent, have a right to enter the premises?
The law varies by state, but every state I am aware of allows a Landlord the right to enter their property. As a REALTOR and Property Manager in Cody, Wyoming, I am well versed in the state statutes and my lease agreement. What I love about my home town is that we still treat each other like responsible adults. As long as we can demonstrate sound reasoning in a court of law, life is easy.
On that note, I notified a tenant that I would be inspecting their rental property. The tenants had been there for nine months and I have every reason to believe they are taking good care of the house. However, I drove by the property in June and noticed the land is looking unkempt (they live on 5 acres). We have a danger of noxious weeds getting out of control and choking off good vegetation. We are in high desert and trees need a steady supply of water or they become more susceptible, as well. So I gave that I would visit the property five days later. When I showed up, they flipped their top and screamed (literally) that I was trespassing and had no right to be on the property.
Not wanting to make matters worse, I left. I went back to the office, wrote up a letter notifying them that their refusal to allow me on the property gives me reason to be suspicious. I told them I would inspect the property within the next 10 days and asked them to provide me with a couple days/times that would work for them. I told them I would inspect the entire premises this time, including the interior of the home, and that my reason for inspecting was to confirm they are upholding their responsibilities as outlined in the lease agreement. I quoted the specific clauses concerning my right to enter and their responsibilities in caring for the premises. I also made it clear that I would bring an escort and that the entire visit would be recorded with photographs, audio, or video to protect myself against additional erratic behavior or false allegations.
They responded back by claiming I had no right to be on the property. She included a quote that was supposedly "Wyoming law" but it turned out to be a quote from www.landlord.com and it was taken out of context. This web site is clear that Wyoming has no statute concerning the Landlord's "right to entry" but is very clear that the lack of a statute does not mean there is a lack of right. It goes on to say the Landlord has a right to inspect so long as he provides "reasonable" notice and the purpose of the visit. It goes on to provide tips about how often a Landlord should inspect! The tenant failed to read beyond the first paragraph.
They refuse to allow me on the property. They filed a complaint with the Sheriff's office, the Wyoming Real Estate Commission, my insurance carrier, and anyone else that would listen. No matter how many people explain to them that I have a right to enter the property, and no matter how many times we show them the lease, they still refuse to acknowledge my right. So our solution is to file for eviction because we have reason to believe they are not maintaining the property and we can't set foot on it to verify whether there is a problem or not.
This is just another example of why it is important to document everything, start to finish. At American West Realty and Management, we have a rock-solid lease agreement designed to protect the Landlord and their property. I liken it to a blow fish. Play nice and it is cute. Don't play nice and the spikes come out!



