How do I gain legal third party access to my son’s rental property if he has been hospitalized?

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How do I gain legal third party access to my son’s rental property if he has been hospitalized?

He has been hospitalized due to an attempted suicide. We need to gain access to our son’s rental property to secure important documents and check the welfare of a pet ferret. The owner of the property has verbally denied access based on landlord/tenant laws on property entry.

Asked on June 21, 2011 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Except that a landlord can enter the premises in an emergency situation and although the laws generally mean an emergency with the apartment, dealing with a neglected animal could be enough.  I am assuming that your son is an adult and I am sure that this situation is difficult enough without other obstacles, but keep in mind that the landlord is just protecting your son's belongings here.  So if you can not get your son to sign a Power of Attorney form allowing you to act on his behalf - and then you can enter his apartment - then you may need an emergency court order to do so.  Good luck.


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