Request for Access to Tenant’s Space

Purpose
The purpose of this form is to enable you to access the tenant’s space for repair, inspection, or other purposes authorized by the TSSA lease. You may be re-roofing, resurfacing the floors, etc. and need temporary access to the tenant’s space. You may have a suspicion that something illegal is being stored in the premises and you want to inspect the unit. These and other authorized reasons for entry are specifically listed in the TSSA lease paragraph 18.

When to Use
This form may be used when you want access to a unit and it is not an emergency, you don’t have the tenant’s permission, or you don’t suspect criminal activity.

Under paragraph 18 of the TSSA rental agreement, you are entitled to access a tenant’s space under the following circumstances:
(1) You have express authority from the tenant to enter. This authority does not have to be in writing but it is preferable so you don’t get into a dispute later as to whether the tenant gave you permission;
(2) There is an emergency;
(3) There are reasonable grounds to believe that criminal activity is occurring in the space and you have discussed this belief with law enforcement authorities; or
(4) You have made a written request of the tenant by certified mail, return receipt requested.
The “Request for Access to Tenant’s Space” form found on the TSSA Goldbook© CD can be completed and sent to a tenant to make a request under reason #4 above. The TSSA lease authorizes you to make a written request for access to a space for the following reasons: inspection, repair, improvement, pest control, or relocation of the contents after casualty loss. You should list one of these reasons in the “purpose of our entry” blank on this form. In this form, you may request access to the space on any day which is at least seven days from the date that you mailed the letter. (The most recent version of the TSSA lease authorizes entry after three days certified mail notice rather than seven days. Depending on which lease form you are using, you need to give at least three or at least seven days notice and your notice form should be revised to reflect this, if appropriate.) If the tenant does not contact you and provide you with access on the day that you state in the letter, you may enter the space without further permission (as long as you are using a recent version of the TSSA lease, which gives you this permission under paragraph 18). Most versions of the TSSA lease give you this permission. Anytime you enter the space, you must send the tenant a “Notice that Tenant’s Storage Space has been opened.” This is also a requirement of paragraph 18 of the TSSA lease. The sample form for you to use to notify your tenant that their storage space has been opened is on TSSA Goldbook© CD.

Tips for Use
Make sure that the address on your certified mail, return receipt requested letter matches the address on the tenant’s lease. While the most recent version of the TSSA lease allows you to give the tenant three days notice, if your need for access is not urgent, out of courtesy and in an attempt to lessen any ruffled feathers that may result from a tenant receiving your notice after you have already opened his space (if the mail service is, for some reason, especially slow), you may want to consider giving the tenant more than three days advance notice.