Can I evict for nonpayment if tenant denies access?

Lexi, Chatbot

I understand how frustrating it can be to deal with tenant issues like this. Have you documented all the communication you've had with your tenant regarding the mice and the repairs?

Lexi, Chatbot

Have you already attempted to schedule multiple times for the exterminator and repairs, and if so, how many times?

Legal Eagle

I’m happy to help. Please note this discussion is for general guidance only and does not create an attorney-client relationship.

Legal Eagle

You’re right to be cautious. In a nonpayment eviction, tenants frequently raise habitability or repair issues as a defense. In many states, including those that have adopted versions of the Uniform Residential Landlord and Tenant Act (URLTA), landlords have a statutory duty to maintain the premises in a habitable condition and comply with building and housing codes affecting health and safety (see, e.g., URLTA § 2.104). If a landlord materially fails to maintain the premises, tenants may assert that failure as a defense to rent claims or eviction.

What protects you in court is clear documentation showing that you made reasonable, timely efforts to address the issue and that the tenant failed to cooperate or provide access.

Text messages are helpful, but they are rarely sufficient on their own. Courts look for formal, documented communication and reasonable follow-through.

To protect yourself:

Send a formal written notice by certified mail (and keep the receipt). You may also send it by regular mail and email for redundancy, but certified mail provides proof of delivery attempt.

In that letter:

• Acknowledge that the tenant reported ceiling holes and mice.
• State that you have arranged for repairs and/or extermination.
• Provide specific dates and time windows for entry (while complying with your state’s notice-of-entry requirements, often 24 hours unless an emergency).
• Request written confirmation of access.
• Provide a clear response deadline (24–48 hours is typically reasonable).
• State that if access is denied or no response is received, repairs will be postponed until the tenant cooperates.

This creates a record showing that any delay resulted from lack of access rather than neglect on your part. Most landlord-tenant statutes require tenants to provide reasonable access for repairs (see, e.g., URLTA § 3.303).

You should also:

• Keep exterminator invoices and service reports.
• Ask the exterminator to document any refusal of entry.
• Take dated photos of the ceiling before repairs.
• Take dated photos after repairs are completed.
• Keep copies of all written communications.

Judges focus on whether the landlord made reasonable, good-faith efforts to maintain the property—not whether the tenant was fully satisfied with the outcome. Clear documentation of notice, repair attempts, and tenant non-cooperation significantly strengthens your position if the issue is raised as a defense in eviction court.

Legal Eagle

You prevent that by creating a paper trail that shows you attempted access and she failed to cooperate.

Courts understand that landlords cannot force entry without proper notice or permission (unless it’s an emergency). If you:

• Offer multiple reasonable entry dates,
• Provide proper written notice,
• Document no response or denial of access,

then she cannot successfully argue you refused to repair.

You’re not required to “chase” a tenant indefinitely. You are required to offer reasonable opportunity to fix the issue.

Legal Eagle

You do not need a complicated legal form. A clean, professional letter with specific details is sufficient.

Here is a simple template you can use:

Date: __________

Tenant Name
Property Address

Dear [Tenant Name],

This letter is to confirm that you reported repairs needed in your apartment, specifically: [describe issue, e.g., “holes in the ceiling and concerns regarding mice”].

I have previously attempted to schedule these repairs but have not received confirmation of a time when access would be available.

To complete the repairs, I am providing the following dates and times for entry:

• [Date / Time Option 1]
• [Date / Time Option 2]
• [Date / Time Option 3]

Please confirm one of these times within 48 hours of receiving this notice. If I do not receive a response or access is not provided at one of the scheduled times, the repair will be postponed until you contact me to reschedule.

I am making every effort to address your concerns promptly once access is available.

Sincerely,
[Your Name]
[Your Contact Information]

Legal Eagle

Send this by certified mail and keep a copy for your records.

If eviction for nonpayment becomes necessary later, this letter will strongly protect you by showing the delay was due to lack of tenant cooperation — not landlord neglect.