Author Topic: non-renewing tenant push back on me showing property to prospective tenants  (Read 6032 times)

tag

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We have tenants who are not renewing their lease. We are advertising the property and are scheduling showings to prospective tenants.

Current tenant is saying that nowhere in our agreement does it say he has to allow access to anyone for showings.

I am prequalifying people over the phone first and grouping showings together to minimize disruption ie this afternoon we have two parties who will be viewing the property at the same time.

Do I have a right to request access (with 24 hrs notice) for showings?

Bearded Man

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What does the lease agreement say? Also, what are your local laws. My lease allows my to show an occupied property...

Another Reader

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If it's not specifically addressed in the lease, you will have to rely on your state's law on landlord entry.  However, if the tenant refuses admission, the law probably won't be much help.  In your shoes, I would try to negotiate with the tenant to allow group showings at a time that's convenient for him.

hoodedfalcon

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If your tenants know your lease better than you do, that is a problem. And if your lease doesn't allow showings, you should probably make sure you put that in for the next tenant.

Angie55

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As someone who rented a property for a year while it was on the market some advice:

Its going to be disruptive to their life no matter what. But the last thing they want is you calling or texting them randomly all the time trying to set up showings. My favorite landlords are the ones I never hear from. Not ones texting me while I'm enjoying my weekend. Ask the tenant for a few 1-2 hour timeslots that are convenient for them (i.e. they will be out of the house anyway). Try to stick to those hours. But also, confirm that you will be there. 24 hours notice always. More if its the weekend.

Don't harass them about the cleanliness of the place. They pay to live there, not have the place up to "show" standards. The second you complain about their dishes or laundry out while people are over they will shut you out.

The more respect you show them the better luck you will have.

tag

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Question answered!

It was not in our lease. However it stated very clearly in the Idaho Landlord Tenant Laws that we are within our rights to request access for showings. I gave him a copy of said laws at lease signing and he signed to receiving it, so I feel good about requesting access for showings.

arebelspy

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Question answered!

It was not in our lease. However it stated very clearly in the Idaho Landlord Tenant Laws that we are within our rights to request access for showings. I gave him a copy of said laws at lease signing and he signed to receiving it, so I feel good about requesting access for showings.

Yeah, you can request access, but they still might stonewall you:
However, if the tenant refuses admission, the law probably won't be much help.

What's your recourse?  Evict them?  ;)

However, if the tenant refuses admission, the law probably won't be much help.  In your shoes, I would try to negotiate with the tenant to allow group showings at a time that's convenient for him.

+1.

And, in the future, add it to your lease for extra clarity.
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DoubleDown

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In this situation, I'd likely forget showing the property until the tenant is gone and you have turned the property over (cleaned and any necessary maintenance or painting/carpet). I don't think you are likely to get decent showings under these conditions, it's going to be a pain in the ass for you and the tenant, and you should be able to have the property turned around in a week or two. It sounds like your current tenant could likely undermine your efforts (like leaving the place with a huge mess) just because you will be forcing this upon them. You're more likely to get the best, new tenant by showing the property in a pristine, unoccupied condition. Many people just cannot look past a current occupant's junk strewn about or their decorating tastes, and they'll pass on it even though they could have been excellent tenants.

Numbers Man

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This is an interesting dilemma. Your tenants sound like unreasonable people. If I was the landlord, I would just email them the passage about access to the property. Then tell them you will give 24 hour notice for a specific window of time. You might also mention that it would be a shame for them to lose their deposit for refusing access.

Have you tried asking this question in the real estate forum on http://www.biggerpockets.com/forums  ?

Villanelle

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While you can technically unlock the door and let people in if that's what the law says, your tenant can make sure the place is a mess, make disparaging comments to the prospective tenants, and go out of his way to make them uncomfortable. So it's still in your best interest to try to keep them happy.

What if you offered then $50 off their rent for each showing as long as the place is relatively clean and they stay out of the way?  With grouped showings, it doesn't seem like there'd be that many, and it could pay well to keep them happy. The money you pay for showing would be worth it if it means not having to wait until the current tenant is out.

totoro

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What?  In BC we can gain access for showings by legislation with 24 hours notice.  This applies even if there is no written agreement.

homeymomma

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In this situation, I'd likely forget showing the property until the tenant is gone and you have turned the property over (cleaned and any necessary maintenance or painting/carpet). I don't think you are likely to get decent showings under these conditions, it's going to be a pain in the ass for you and the tenant, and you should be able to have the property turned around in a week or two. It sounds like your current tenant could likely undermine your efforts (like leaving the place with a huge mess) just because you will be forcing this upon them. You're more likely to get the best, new tenant by showing the property in a pristine, unoccupied condition. Many people just cannot look past a current occupant's junk strewn about or their decorating tastes, and they'll pass on it even though they could have been excellent tenants.

I'd have to agree with this, even though it may not be ideal financially to have a gap between tenants. I have been shown apartments where the current occupants were clearly not happy about the place being shown. Dirty, getting glares (seriously!), and a chattering landlady trying to distract us, did not make us want to look at closet space. We got the heck out of there ASAP. If your tenant is very uncooperative, you'll probably turn off prospective tenants. It would be a shame also if it set a precedent for acceptable behavior from a prospective tenant as well.

arebelspy

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
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Paul der Krake

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
Not to mention that veiled threats (regardless of their validity) regarding a security deposit is probably the fastest way to ensure that any future communication with him will be as belligerent as possible.

Numbers Man

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
Not to mention that veiled threats (regardless of their validity) regarding a security deposit is probably the fastest way to ensure that any future communication with him will be as belligerent as possible.

Or they might be thinking......WTF, we can't afford to lose that $1,000 bucks.

Russ

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
Not to mention that veiled threats (regardless of their validity) regarding a security deposit is probably the fastest way to ensure that any future communication with him will be as belligerent as possible.

Or they might be thinking......WTF, we can't afford to lose that $1,000 bucks.

probably not, considering it's $1000 that the tenant doesn't currently have


arebelspy

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
Not to mention that veiled threats (regardless of their validity) regarding a security deposit is probably the fastest way to ensure that any future communication with him will be as belligerent as possible.

Or they might be thinking......WTF, we can't afford to lose that $1,000 bucks.

Doesn't make it okay. 
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Paul der Krake

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You might also mention that it would be a shame for them to lose their deposit for refusing access.

I'd be careful on that one: may not be legal.
Not to mention that veiled threats (regardless of their validity) regarding a security deposit is probably the fastest way to ensure that any future communication with him will be as belligerent as possible.

Or they might be thinking......WTF, we can't afford to lose that $1,000 bucks.

probably not, considering it's $1000 that the tenant doesn't currently have
Sure, I would wager that a significant portion of renters do need that deposit back, otherwise they won't be able to afford the deposit at their next place. By threatening to "take it away", you are threatening their livelihood.

waltworks

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Sure, I would wager that a significant portion of renters do need that deposit back, otherwise they won't be able to afford the deposit at their next place. By threatening to "take it away", you are threatening their livelihood.

Dude, if you are resorting to threats to resolve something this simple, you should not be managing your own rentals. Think of it this way: do you have your tenants over a barrel because you have their $1k that they need for a deposit, or do they have you, since they can trash/abandon/make meth in your $50k+ house?

Seriously, more flies with honey. Or hire a manager. Obviously make showings a specific part of the lease next time, too.

-W

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Offer the tenant $25/showing and $40/showing if the place is spotless.  10 showings and the place is rented if you have the rent correct.  Otherwise, tenant blocks you and you are stuck with a month vacancy.

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Current tenant is saying that nowhere in our agreement does it say he has to allow access to anyone for showings.
Do I have a right to request access (with 24 hrs notice) for showings?
What are you trying to do here?  Are you trying to "win" an argument, or are you trying to minimize the rent money that you miss out on between tenants?

Your tenant is (not so tactfully) letting you know that they'd like to share in the motivation that's driving you.  You could argue with the tenant, and they could sabotage your efforts by simply doing nothing.  It'll also give your prospective tenants a taste of what type of landlord they might be dealing with.

Or you could figure that you're going to save a few hundred bucks by showing the place on the tenant's time, so maybe it's worth giving the tenant a couple hundred bucks.  Heck, for $250 they might even pick up a little and say nice things about the place.  You will certainly gain nothing by pointing fingers at the lease and bickering with them, and you're much more likely to lose even more.

If you're not willing to share the savings with the tenant, then you might end up having to wait until they move out... and under those circumstances I bet that you'd lose another day getting the place ready for showing.

Cassie

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We tried offering $ to our tenants to allow a showing, more if the place was clean but they were adamant that they didn't care.  In the end we forced a few showings and the place was disgusting. They asked to break their lease early & we said yes.