Ok, so this happened today...what would you have done?

Got a call from 911 dispatch asking if I was the owner of the house at xxx Main st. (one of our sfh units). I said I was the property manager. Dispatch said officers were at the house doing a wellness check and asked if I could go to the property...I agreed. House leased to a 30 year old woman and her boyfriend...been tenants 3 years with no major issues other than one minor thing...see further down.

When I got there, there were two officers and 3 other people (the mother of one tenant, the mother's sister, and her brother in law). The mother said her daughter had not been responding to texts or phone calls for 4 days, both their cars were in the driveway, the daughter told her mom last week that she was going to be breaking up with her boyfriend and was not sure how he'd take it.

The police said they had banged loudly on every window and door with no response. We tried calling both of them again with no response. I told the police I did have a lease clause stating I could enter the property without notice for certain things, one of them being concern for the safety of occupants.

They asked if I could go in and check on the tenants. I said I'd prefer that they do it for safety reasons...but they said they were not allowed to go in by law. They reiterated that I could go in or could let the mother go in (I could also choose to do neither and just go back home).

Before I tell the end of the story, I'd like to hear what you folks would do and why. I'll let people respond for a few days (we're going on vacation tomorrow and will be back Tuesday) and then I'll tell you what happened.

I should add that I have no indication that the tenants have ever been violent or that they own any firearms. I do go there about every 8 weeks to do basic maintenance. There was one occasion that aids this story...so I'll relate it here...

About 2 years ago I sent an email on Friday to all our tenants saying I would be doing maintenance on Monday (72 hours notice) and I would be entering the houses. I received no responses (never do) to this email. Then on Monday, I text each tenant 30 minutes prior to arrival to give them a heads up. On this particular house, I received no response to that text...it was about 11 AM. I arrived at the house and saw one car in the driveway. I knocked loudly on the door...no answer. I waited 30 seconds and knocked again, no answer. So I let myself in, went to the hallway, and serviced the furnace...took me about 6-8 minutes. I locked up and left. When I got home, I emailed all tenants with a "service report" stating I was at their house, the approximate time I was there, and what I did. Later that night, I received a terse response from this tenant saying "You came into my house when I was sleeping?...how dare you...don't ever come in again without my permission."

I responded by saying that I had given sufficient notice, pointed to the lease clause saying I had the right to come in, and pointed to the fact that I even texted that morning. It turns out he was sleeping in the bedroom nearby the furnace and I didn't even know it. In other words, he is a very sound sleeper. The next day I got a very apologetic email from his girlfriend saying he was flying off the handle and to ignore him, that she was grateful for me doing excellent notifications and maintaining the house. The next time I saw him 8 weeks later he apologized to me and said he'd just had a "bad day".

I wanted to give that background, as it lends to me thinking that perhaps they were just sleeping soundly...as he had done before. Now, let's hear what you have to say!

Thanks for input in advance.

This is a tricky one for me. Even though I would not be legally obligated to do so, I think I'd probably open it and go in. Based on what I had been told, I might argue that this falls under my "emergency entry" clause. Normally that is for situations where water is running into the apartment underneath, for example. But, I think I'd be willing to argue in court in front of a judge that there was enough to suggest that someone's life might be in danger and go in.

Well, if we're being honest, I'd probably unlock the door, open it a crack, and yell that it was the landlord and ask if anyone was there. If I got no response, I think I'd then go "Oh, I forgot that I need to make a quick phone call, I'll be back in a few minutes" and go to my car. Giving someone else the chance to actually walk into whatever situation might be going on in there (just for safety's sake)...

-John...

Police: "We're not allowed to go in by law."

Me: "Officer, I'm pretty sure I saw some white powdery substances on the table last time I came by here next to a roll of wadded up cash. What do you think that might be?"

Police: "Call the SWAT team! Drug bust goin' down!"

I would not have gone in. We had a wellness situation across the street, and the police did go n, oncethey were given a key from the landlord, and they found the tenant died.

Hand the key to MOM and let her open the door or go in or whatever. I'd not go in for fear of a lawsuit if everything is fine there. People are so litigation prone these days. AND if something was terribly wrong like a 'crime scene', then YOU would have compromised it by trekking through the house and leaving prints, DNA whatever.

It's a tricky situation to be in, on one hand you want to know what's going on inside and make sure everything is A ok, but.... it's none of your business.

I wouldn't let family in only because they are not on the lease and if the tenant (daughter) wanted them to have access, she would have given family a key to the front door.

I wouldn't let the police in unless they had a warrant to enter the address.

I would have gone in, but the police here would have accompanied me if I asked them to.

There would have been some loud shouting and knocking at the door before I went any further than the doorway.

Open the door and go no further. Mom can go in or the police. locally, I know the police would go in if it is just a wellness check. Can't collect evidence of drugs or wrong doing.... but that isn't why they are there.

It happened to me divorce male college professor with 2 young boys done everything right as a dad should plus more was a great tenant in sfh until one day he failed to pick up his boys at school. School calls x wife to pick the kids up she wonders why and cannot get a hold of him goes to his house truck in driveway doors locked she becomes worried calls the police. Police tell her they cannot open the door or do anything else not her house. She calls me around 5 crying and worried that some thing's wrong I meet her there at 7 and when I open the door I immediately saw him hanging in the dining room I immediately back out and dialed 911

It would appear that answers are all over the board.

What I don't understand is, how are the police supposed to do a wellness check if they can't go in. That makes no since to me.

Me not having experience, and wanting to know about my house, I would have went in to find out. It might have been a bad move though.

I think those police were way off base. The point of a wellness check, as I understand it, is for the police to enter and make sure everything is OK - or not.

6x6: In general, a Wellness Check is often knock on the door, see who answers, and ask if they can talk to whoever they are checking on. Most of them are more like that -- not a situation where the people have been missing for days like this. So, the average Wellness Check is very different than this.

After reading CJ's answer and thinking about this some more... Unless I really thought it was an emergency, I might also post notice to go in. My lease actually only requires 4 hours. So, I could say "I'm posting notice that I'm going in in 4 hours. Meet me back here then." (I'd also text and call any numbers that I had for them, of course, saying what is going on.)

But, based on the information given by the family and other evidence (i.e. cars there, look of things, and so on), I might consider it an emergency like I originally said and unlock it.

-John...

Hoosier,

Our company policy is to NEVER enter without an adult present. Too much liability to be accused of theft or "he looked at my daughter in the shower". It's their word against ours. Mean teen girls know they can get a man in trouble ny simply SAYING he did wrong. I have seen careers ruined by accusations.

Even with permission and an adult escort I have been surprised by people sleeping right there on the couch.

Plus people have guns.

In our 47 years of LLing with a BUNCH of furnaces I have never had to service a furnace. Swapping a $3 filter is NOT worth getting shot.

We provide a case of filters to each res and remind them clean filters will refuce their util bills.

Welfare check: my atty says we should mot give a key or unlock for police.

BUT

I would rather have to answer a complaint than fix my door they kicked in.

I suspect a communication misunderstanding. As the property owner you have the authority to allow them to enter in an emergency.

I would also use MY phone to call the res.

I I had a similar situation. My res felt ill and drove to the ER. She was immediately hospitalized. Think appendix. Her cell battery died and her room had no service.

I finally called her employer to "verify employment". HR said still employed but could not tell me anything due to privacy laws. I told HR to give her the message

we would be moving her stuff out as abandoned. She called minutes later

Anxious to hear your results!

I'm fortunate to have excellent relationships with my tenants. I trust them, and they trust me.

And I tend to push the boundaries. I'd knock, loudly, and if there were no response I'd enter.

I'd ask the police to cite the law. They will use you not knowing the law as a reason to not take action so they don't have to write a report, or do something. If the police would not accompany me in then I would not go in without an escort/ witness and video rolling. I'd rather enter with the police standing nearby then later on my own. When my tenant died and it was a crime scene and they finally said I could go back in, I asked the police to escort me. We went together and I video tapped every item I could and made note of it so I could not be accused of theft. As in this is how I found it and I am transferring all belongings to the family that you see here. I asked the police to take the truck keys as they belonged to the GF.

In your case if both tenants don't respond to my call n text, and I don't think they are at work I might knock loudly, announce myself and open the door (if I didn't think the family would rush in) and just see what I could see and smell. You don't say if the mail was piled up or there were other signs that they were 'not there'. I'm certain that if I asked the police to make sure the premises were secure that they would go in.

I argue that you have more liability not affirming that the premises are secure and that the tenants are well vs not going in when there is a reasonable cause and your not taking action could result in permanent injury or death.

BTW you went on vacay so I'm assuming everything was sorted out.

I forget the exact details but the general overview of an incident near here a few years ago.

Family called police for a wellness check. Someone (either family or police) knocked, pounded, etc. No response so they went in (can't remember how they gained access). They went into the bedroom and startled the sleeping guy. He pulled a gun from under his pillow/night stand/wherever. The police filled him with bullet holes.

Ok, back from vacation lol.

First off, thanks to each of you for the thoughtful responses...helps me think about what to do if this happens again.

So, here's what I did... (by the way, this was about noon, so it was light outside)

1) First I called each of them, no answer. I tried to look in the windows but most had curtains/blinds, could not see anything

2) I asked the mother (in front of the police) if she was concerned about their safety, she said she was

3) I do have a lease clause that allows me to enter in some circumstances without 24 hours' notice, and I felt this met those conditions...

4) I decided to go in, but asked the police if they would be near me on the back porch as I entered...they agreed

5) I knocked loudly on the back door glass, announced myself as the property manager, stated I was planning to enter, and waited 1 minute...no response

6) I used my key and unlocked the door, cracked the door slightly, and again announced myself...no response

7) I slowly moved through the house while CONTINUOUSLY and LOUDLY stating who I was and asking if anyone was present...no response

8) I continued slowly through the house, no signs of anything amiss. I got to the back bedroom and the door was cracked about 4" open...dark inside...could not see.

9) While still CONTINUOUSLY and LOUDLY stating I was there, I slowly pushed the door open. When I got it open about an additional 4", I saw a face moving and mumbling on the bed...so I IMMEDIATELY walked back out of the house while asking the tenants to come to the door. When I saw the face, I could not tell if it was a male or female, only could tell they were alive/moving/talking

10) As I came back outside I told the police someone was in there and alive...but I could not tell who.

11) I continued calling for the tenants to come to the door, and in about 30 seconds they both came to the door, partially clothed...it appears they were sleeping

At that point I walked away from the house and allowed the police and relatives to take over. Both tenants were safe, which was my main concern. I left the property soon afterwards and have heard nothing from the tenants since.

Given some of the statements made by the mother about them having some relationship issues, I'm anticipating either they will both move out soon, or that she will elect to stay (he does not earn an income and therefore I would not approve only him to stay) and he may leave...we shall see.

Thank you for the update.