Tenant Refuses to Grant Access - Then What?

Question

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.

Jeff Gates · Answer

My lease has a "no show" financial penalty. $50 for each occurrence. And my lease has language on the frequency and days of the week when showings can occur. Still I had one tenant refuse! And their deposit refund was less because of the penalties.

William Morgan · Answer

Moving is expensive.  Offer them a cash incentive.  Money has a way of tempering hard feelings.

Larry Tanner · Answer

I am NOT a lawyer nor am I a landlord at this point in time.  However, from what you have stated about the tenant being a hot-head, it would be in your best interest to just wait for her to leave before you show the apartment.  It may prove a disaster situation if you try to get in before then (given the situation you have told us).

Apartments going vacant and not earning you money for a time is part of the CODB (Cost Of Doing Business).

You have to learn when to let things roll and when to be aggressive.  This is not a situation for aggressive behavior -- setting foot into this apartment while this particular tenant is still living there would be considered an "aggressive" move, given the info you have given us and it does not matter what the the law says at this point.

You may well find yourself in a heap of a mess if you go into this apartment while she is still living there, especially if you bring in prospective tenants in while she is present.  This would not be a smart move on your part and may prove to be a waste of time (best case) or worse.

Let it be and worry about it after she moves out.  Cancel the showing.

James DeRoest · Answer

Why are you intent on opening a can of worms? So you don't want to lose a months rent, but that will seem rather insignificant if this goes south, which it might well do.

Tenant is leaving, show the place after they are gone and save yourself the headache. If you can't afford a months downtime, this isn't the game for you.

David Hedges · Answer

@John Napier if they are aggressive and creating issues, you may have issues when you arrive to show the apartment too that could scare away your potential tenants. the way you describe this, you may just be better off waiting till they are out.

also have you looked over the apartment? is it presentable? Are you planning on any gap between the tenants?

if they last min, decide that they can't move out for another couple days, you may be stuck with them there until you can evict them or they finally move.

also, I wouldn't show the place unless I knew it was in presentable condition. they could be disallowing you in because they have damaged the place. If were the case, I at least would rather assess the damage and have it repaired before showing it. I also assume you budget for some vacancy.

Nicole A. · Answer

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.

John Napier · Answer

Love this site.  You guys make me think of this quite differently and I I appreciate the support.

I decided to just call and see what I could work out. Turns out (after just letting her rant) I got 4 hours this Sat. to show it.  She will not be there at that time.  I have 4 possible renters lined up, too.

On the prior phone call I did remind her and her soon to be divorced husband that their actions would make them liable for damages and lawyer costs.  I think letting her have time to digest and save face helped me get her to open the door.

It does surprise me how people interpret things.  The almost x-husband got upset and refused to believe it when I told him he was still on the lease regardless if he left 6 months ago!!

Anyway, I learned that vetting tenants and that having to low of a price point attracts the wrong people.

thanks guys

Kimberly H. · Answer

When you ask, you may think you are being polite, but they may interpret that as that they have the right to say no. I would first try explaining since you gave the required notice that you do have the right to show it any of those times, and are just trying to find something that works best for her. Then see how she responds. I ran into this myself, although my tenant wasn't a wackadoodle like yours sounds to be. Once I explained it the showing happened with no problem. Another approach is when someone gives notice that they are moving, financially incent them to allow showings and behave during showings by offering cash if the place gets rented to someone else while they still live there. Works like a charm.

Aly W. · Answer

I've been in this situation before. In the past, it wasn't worth dealing with an aggressive tenant, so I just waited it out (after experiencing enough loss of sleep).

What you might consider is offering the tenant a portion of their security deposit back on the day they hand over the keys (if there's no damage) instead of making them wait, in exchange for cooperation in showing the unit. I did this once and it worked, the place was presentable and the tenant in a much better mood. They should know that you have 2 weeks to 30 days to return their deposit, and most of them need it right away.

Mindy Jensen · Answer

This whole situation stinks, @John Napier.

I would go to the unit on Saturday as a pre-inspection just to make sure there is no damage. I wouldn't take prospective tenants with you, just go to see what sort of damages you can prepare for.

She should allow you into the unit, but if a tenant is driving 3 hours to see it, you'll want it to show in its best possible light.

Tenant Refuses to Grant Access - Then What?

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