Open houses legal while tenant still lives there?

[Nyla Smith]

My husband and I have just bought our first rental property. We've decided to get rid of the basement tenant for various reasons, i.e. the previous owner said she was consistently late with rent, she's hostile to work with and extremely high maintenance. 

We spoke to her and let her know that we wanted to have an open house while she's still living there. We initially asked for two dates, but she refused. She verbally agreed for one date. We have a date for tomorrow, Friday, the 15th, from 6-7. We've had more than 40 interested people. She just now sent me a text, saying she refuses to let anyone in, that she's checked with Utah state law and it's an invasion of her privacy to hold an open house while she lives there and that she'll contact police and an attorney if we go through with the open house.

Does anyone know anything about this matter? We're trying to be as accommodating as possible with her, but I don't appreciate the legal threats. Thanks for your help.

[William Hochstedler]

Hi @Nyla Smith

In Utah the landlord or landlord's agents can enter the premises without permission but with notice.  So tell the tenant, don't ask.

However, it sounds like you inherited this tenant as part of the purchase.  If your goal is to get her out I would solve tha,t problem before worrying about re-renting the unit.  Removing legacy tenants and stabilizing the property under new management is a cost of a new acquisition.  If she is not cooperative, a couple extra weeks of vacancy while you properly clean up and market the unit will do you favors in the long run.  After she's out and you have the place cleaned make sure you take great pictures and a marketing video so you don't have the same problem next year.

Finally, if you are getting 40 inquiries, you probably won't have a problem renting it.

Yes, you probably have the upper legal hand here and could push the issue.  But in the long run it's not worth it.  Get her out, clean the place up, rent it to a great tenant when it's in great condition and move on.

Good luck.