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Updated almost 12 years ago, 01/09/2013
Showing tenant occupied apartment
I'm a new landlord and I have a tenant that just informed me she is moving out at the end of the month. I have some prospective new tenants that want to look at the place but can only make it during hours she isn't home. She is now telling me she doesn't want anyone in the apartment while she isn't home. Do I have the right to show the apartment with a 24 hr notice even if she isn't home?
Is there language in the lease saying you need a tenant's permission to enter?
Yes, it says in the lease that "landlord has the right to enter for inspection, service and to show to prospective new tenants. A two day notice will be given, if practicable".
My problem is she doesn't want it shown unless she is there and the times she is there is after 5 pm. Some possible new renters can't make it before then. Would I still have the right to enter the place if she isn't home as long as I gave her the 2 day notice? The property is located in PA and I can't find any specific laws regarding this.
Like Marc said there should be language in your lease that allows you to enter the property with 24 hours notice.
As long as you are with the prosepective tenant you should be alright.
Troy, we don't show our homes until they are vacant anymore, as if the tenant really doesn't want you in there, you will likely be showing it with dishes in the sink, totally filthy, even toilets that have not been flushed, and then they complain that things went missing. Our leases say we have permission to enter to show it, but we don't use it.
Lynn M. also makes a good point in that you don't want to show a potentially dirty apartment to a prospective tenant. Even though it'll be spotless when the old tenant moves out but its a bad first impression.
I work for a management company and when someone gives their notice to vacate, we start to market the property and show it. Every now and then we get a person unwilling to let us in (most are ok), but our lease states that we can enter as long as we give them 24 hr notice. I show occupied apartments every day, and while it can be uncomfortable at times, we are legally allowed to do so, and we are obligated to get it re-rented as fast as possible. If you wait until after the 1st of the month when the person moves, you are missing out on all those people who need to move at the beginning of that month and you may have just guaranteed yourself 1 month of vacancy. Our owners don't expect us to sit on our hands and lose them a month of income just because it doesn't suit the tenant who is leaving.
That being said, we try our best to be patient and accommodate everyone. If we know someone has a child, or works nights, etc then we try our best to work with them.
Good question and excellent answers. I am a new landlord myself and this is extremely useful.
Chris D., that is good that work in an orderly fashion even with tenants who have issues with you showing the apartment.
What is more successful, showing vacant or occupied apartments to prospective tenants?
I think it depends on your tenant. Most landlords will have some interaction with their tenant at the subject property before listing it on the market (ie. repairs, collecting rent).
If the tenant is a slob then you most likely don't want to show the place.
On the other hand a tenant that is neat and has taken the time to decorate their apartment it is great. It is like staging. It helps a prospective tenant to visualize them in the property.
Originally posted by Marc Bodinger:
What is more successful, showing vacant or occupied apartments to prospective tenants?
Well, prospective tenants probably feel more comfortable looking at a vacant unit. You don't have to worry about a mess and stuff like that, and prospective tenants tend to spend more time in an empty unit. They are reluctant to open someones closet full of clothes, and hey, that closet might be a selling point.
An upside to showing an occupied unit is it helps people visualize furniture arrangements and stuff like that. I've found that this helps particularly with smaller units. Someone may walk into a small vacant bedroom and determine that their furniture won't fit, but if they walk into that same bedroom when someones stuff is in there...it shows them what is possible with the room. Of course, if the tenant is a slob, it works against you. If the property is desirable enough people generally can look past the filth. If I can get them to apply I sometimes offer to show it to them once the tenant is out, before they sign the documents.
But in my opinion you should try and get it re-rented as fast as possible. If it were my personal rental I would go ahead and show it and not worry about anything else. To me, its a success if I have a renter lined up and moving in as soon as the old one moves out.
What about dealing with a tenant who only wants the place shown when they are home? Even through that severely limits the times to show the place during the day.
Troy, if your tenant wants to be there, then tell him/her the best you can do is let him know 24 hours ahead (or whatever the lease requires for notice) for any appointment you've made, and he can choose to be there or not. If your tenant is that concerned about being there, then he can re-schedule his day, take time off work or whatever to be there if it's that important to him. Your tenant wanting to be there is his problem, not yours. Just my opinion. Like I said, we don't even show them until they are vacant.
Thanks for covering both sides of the question Chris D., great points. Do you have a success rate as to how many units are filled immediately after a tenant's lease has ended?
One solution may be to schedule showings on Saturday or some other day that's convenient, 10 to 15 minutes apart for 60 to 90 minutes so you can accommodate several prospects. It's a little awkward when the prospects see each other, but could create a sense of urgency if they like it. You don't have to be in the unit when no one is there to see it, just find something to do outside so as not to disturb your tenant. Scheduling it this way would also make it easier for the tenant to clean up the place if need be.
On another note, did she give proper notice? Just asking because you said on the 8th that she just informed you she was leaving at the end of the month.
I've been through this with a tenant that refused to allow showings when she wasn't home. My lease states that I have the right to enter with notice; she would get hysterically abusive on the phone, screaming curses and threats if I wanted to show it when she wasn't going to be there.
When she was going to be there, she was perfectly accommodating and would show the house for me. It simply wasn't worth the hassle to fight over it. Work with the existing tenant if possible, especially if they keep the place clean. We are showing 2 units right now, one vacant, one with a tenant who is very accommodating.
Marc Bodinger no I don't have any numbers to show how successful it is...it depends on the time of year and stuff...we have a lot of stuff close to USC so I'd say those turnover at a fairly high rate with very little vacancy if we have a few weeks to show it occupied. But in my opinion I've seen enough rentals turn over without having to sacrifice a month of vacancy to make showing it occupied well worth the hassle.