Tenant refuses inspections and showings

[Bob Lowry]

Property in CA and used Realtor forms for annual lease that expires 6/7/14. Tenant has given notice to vacate 23 days after lease expires, 6/30/14. I have told them that if they activate such an extension it would only be permitted on a per diem rate that is 30% higher than the per diem rate under the lease. Tenant agreed to the extension but now will not allow a landlord inspection of the premises. They also refuse to allow showings of the property to prospective tenants. They also are stating they will not pay last months rent and instructed me to use their security deposit, which is boldy denied in the lease they signed. What are my options?

[Jeff Rabinowitz]

I'm not sure I would show the house to a prospective tenant with a hostile tenant residing there. The house may not show well and if the current tenant is there during the showing there will be tension or worse. Any good prospective tenant will be turned off by this. Since you do not really know when the home will be available to the new tenant I don't see the benefit.

Treat the current tenant as hostile and begin eviction as soon as possible. Terminate the lease. (In Michigan that requires a 30 day Notice to Quit). Do not use a Demand for Possession that will allow the tenant to stay if they pay the rent owing. If this actually goes to court before the tenant moves the judge may allow the 30% higher rent for the hold over period. If the tenant is collectible you may actually get it.