Showing Rental Property While Occupied

[Keith Schellhardt]

Tenants gave notice that they plan to vacate. Lease Agreement stipulates they must provide 45 day written notice, however it was less than 30 days. Lease Agreement also stipulates that Landlord can show property to prospective new tenants during this time frame, however tenants are refusing to allow any showing and advised that they called the Sheriff and was told that it is illegal for LandLord to show property while tenant still occupies the property. Unless the law has changed recently, I am not aware of this. Location - Madison County, Illinois. Does anyone have any insight?

[Michael Rossi]

If I had a dollar for every time I've heard the police and sheriff say something blatantly wrong, I wouldn't need to operate a rental property business!

Generally, it IS completely legal to show the property while the property is occupied provided the tenant is given the required notice (24 hours in Ohio). Obviously, you need to KNOW the law in Illinois!!!

However, showing the property with an angry tenant in place usually is non-productive. Likewise, it is a waste of time to show a property if the tenants are pigs and the property is trashed, which is often the case with disgruntled tenants.

In Ohio, if the tenant doesn't give a proper 30 day notice, I can keep their deposit as damages if I can't re-rent the property. So, even if you can't show it, you may be able to keep their deposit as damages (again, you need to KNOW your state law).

Good Luck,

Mike