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Updated almost 9 years ago on . Most recent reply

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John Napier
  • Louisville, KY
1
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5
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Tenant Refuses to Grant Access - Then What?

John Napier
  • Louisville, KY
Posted

My tenant is mad at me and gave me their 30 day notice.  Being that I now have prospective tenants wanting to see the house, I texted notice that I would need to show the place and gave an option of either this Tues, Wed, or Thursday.  The current tenant refuses and states I can only do it on Sat.  That doesn't work for me since one of the prospective tenants will be driving 3 hours to see the house.  The current tenant is very aggressive, she yells, and makes wild threats looking for a lawsuit. 

I have a lawyer, but he is not up on KY Landlord / Tenant law.

Can I give notice and enter regardless of what the tenant says?  She would be at work and no one should be home.

Here is the KY Statuate:

383.615 Access.

(1) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(2) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(3) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of his intent to enter and may enter only at reasonable times.

(4) A landlord has no other right of access except:

(a) Pursuant to court order;

(b) As permitted by KRS 383.665 and 383.670(2); or

(c) Unless the tenant has abandoned or surrendered the premises.

Most Popular Reply

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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
2,486
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Nicole A.
  • Rental Property Investor
  • Baltimore County Maryland and Tampa Florida
ModeratorReplied

Reading the statute you posted, you might be legally ok to show it but I think you just need to wait to show it. Do not plead or argue with the tenant. Why did they get mad at you in the first place?

You could post an ad of "coming soon" and use some old photos of the place. But fighting your renter probably isn't worth it. They're already mad at you for whatever reason. Let them leave asap so you can clean up and move on.

  • Nicole A.
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