I recently had a situation in which a home owner that I manage a property for, had asked me to contact the tenants to schedule an appraisal. The owner was planning on refinancing his property and needed the appraisal done as soon as possible so that he could lock in a good rate.
The appraiser contacted me and I gave him the tenant's information to contact them directly. The appraiser called me back a short while later and told me that he did get a hold of the tenants, but they were getting on a plane to start their vacation.
After talking to the appraiser, I called the home owner and explained the situation to him. He asked me to serve a 24-hour notice of entry and go meet the appraiser to do the inspection while the tenants were gone. I initially agreed to do so, as this is the legal way to enter a property if no verbal or written consent is given by the tenant.
I did serve the notice, but on my way back to my office, I starting thinking about the legality of the situation. Is it still legal to serve notice of entry and enter a property when you know the tenants will not receive the notice until after the fact? Is it ethical?
After consulting my supervisor, my conclusion to this matter was, although it may be legal, it is not ethical. I called the home owner and appraiser and explained to them that I was uncomfortable with the situation and we would have to wait until the tenants returned to schedule the appraisal. The owner and appraiser were a little upset, but understanding.
When the tenants returned, they were very happy that we waited and quite accomodating to allow access for the appraisal. The owner was able to refinance his property. And my conscience is clear.
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