Rental agreement - Tenant must allow to show property

Investor · Fort Lauderdale, FL · Member since 2014 · 78 posts · 8 votes

Hello all,

Does anyone have language in their rental agreement that the current tenant must allow the landlord to show the property in the last 30 days of the contract? I just had a tenant move out but he would not let me show the property and now I have a vacancy that could have been possibly avoided.

Thanks,
Sonny

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Jeff B.

Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes

IMO, it's unwise to show a unit with the existing tenant still resident - - you're showing the mess and clutter which always makes the unit look too small.

So, showing for a prospective new tenant I wait until it's ready for move-in (yep, that's a vacancy, but it pays me back with better tenants).

Showing for the purpose of selling is another matter and the tenant will have to allow access when given written notice of intent to enter the residence - - knock on the door and then use YOUR key.

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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y
@Sonny Sach I do t have it in front of me, but it states that the property can be shown with reasonable notice to prospects for leasing, selling, and immediately during an emergency to make repairs etc... important to check your landlord tenant laws as to what is considered "reasonable notice" . Most likely 24 hours. Try and work with them as much as you can, tenants almost always want to be difficult. Maybe give some sort of monetary fee for showing.
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JC Conchas
Investor · Torrance, CA · Member since 2016 · 52 posts · 24 votes
9y
May vary from stste to state, but in California, I have to give 24 hr notice to enter, had to be during normal business hours M-F 8am-5pm and I can go into the unit.
That's why I believe it's good practice to go by property often so they see you and check inside every few months. They get used to seeing me and no surprise repairs.
Good luck
JC
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Donna Salmiery
Pharmacist · The Villages, FL · Member since 2014 · 96 posts · 36 votes
9y
My lease says: "The landlord may (a) place a For Sale or For rent sign upon the premises and a Realtor lockbox/keysafe, (b) upon reasonable notification to tenant and at reasonable times, show the premises to prospective purchasers 90 days prior to the end of the lease term or to prospective tenants 60 days prior to the end of lease term; and (c) upon reasonable notification to tenant and at reasonable times show property to prospective purchasers at any time within the lease term by appointment. Tenant shall remove or secure any pets on the premises when property is to be shown or repairs are scheduled."
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Gail K.
Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
9y
Yes; my lease says 45 days prior to the end of the lease term (if either the tenants or I do not wish to renew their lease).
Legally a tenant who refuses to allow these showings is in breach of their lease.
Gail
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Sonny Sach
OP
Investor · Fort Lauderdale, FL · Member since 2014 · 78 posts · 8 votes
9y
thank you all. I think I will use the information here and also specify that failure to allow showing will result in loss of security deposit. I will also speak with the tenant before they sign the lease to specify specific days and times - weekends, evening on weekdays as their preferred times so they have some input on the matter. Appreciate all your feedback; what a great community we have here!
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Sonny Sach
OP
Investor · Fort Lauderdale, FL · Member since 2014 · 78 posts · 8 votes
9y
@James Park please review this thread to update tenant agreements.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
You can put it in your lease but it already should be included in your state specific landlord tenant regulations. Every jurisdiction allows landlords legal access to their properties and most if not all should have language to allow access by real estate agents and buyers.
If you do not know your state regulations you should not be operating a business and need to take the time now to learn all your state codes before a tenant ends up taking you to court. As a investor landlord you must know all the laws that govern your business operation. It is the law.
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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
9y
I have it in my lease, but I have a tenant who is fighting it too. Lease isn't up for a couple of months, but tenant is already telling me that I can't inspect and can't show it when they move out.
Tenant is being taken to court to sue for specific performance. Instead of me telling tenant they must comply with the lease, the judge will be telling them.
Oftentimes you don't get enough warning to know your tenant is going to do this until you're already in the 30 day notice period, and the courts move too slowly to help.
Because of this tenant, I've decided that from now on I will start talking to my tenants at the 90 day mark to feel out whether or not they want to stay (presuming I want them to stay) and start the discussion about the 30 day process if they seem like they are going to leave. Any push back on inspections and showings will be met with a day in court so the judge can explain how their lease works.
I ain't screwing around any more. I've let tenants dictate terms too much and that stops now.
I've had to learn my lessons the hard way in this business.
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Account Closed
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
9y
You should check the laws to see if you are allowed to keep a security deposit based on a tenant refusing to show the apartment. I doubt it's legal.
Honestly, I think it's really hard to find a decent tenant when you show a unit that is still occupied. I never had luck with that. They can't normally imagine their stuff in the space that's filled with someone else's stuff, mess, style, etc. Plus, they fear it won't be cleaned or painted, etc. Savvy tenants aren't going to just believe you when you say it will be cleaned and painted and in pristine condition and available on the day it's supposed to be - when they are stepping over someone dirty laundry.
And, they won't feel comfortable looking inside closets or the garage, etc.
And, there's the potential liability of your current tenant claiming some expensive jewelry disappeared during your walk-throughs.
I know the idea of having to eat a month's rent in-between tenants hurts, but I truly believe you get better tenants, who will not be as likely to cost you in problems, if you clear out the last one, get the unit in beautiful show condition, then start showing it. The best tenants will expect that. People who don't care, probably can't be as picky, which is not normally a good thing.
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Sonny Sach
OP
Investor · Fort Lauderdale, FL · Member since 2014 · 78 posts · 8 votes
9y
So I found the legal language for Georgia:
https://www.dca.ga.gov/housing/.../Georgia_Landlord_Tenant_Handbook.pdf
Can my apartment be shown to prospective tenants during the last month of my occupancy without my permission?
You should read your lease to see if there is language giving the landlord the right to enter the apartment. If the lease does not give the landlord the right to enter the apartment, a tenant could legally refuse the landlord entry except in case of an emergency. However, it is best for the landlord and tenant to discuss the matter and reach a mutually acceptable solution. A reasonable solution might be for the landlord to provide advance notice, such as twenty-four (24) hours before entering the apartment. To avoid problems in the future it is best to have the lease state under what circumstances the landlord can enter the property and what notice the tenant is to receive before the landlord’s entry. If the lease gives the landlord the right to enter the rental unit, the tenant should read to see if the lease requires the landlord to notify the tenant before entering. If the lease does not contain a requirement of notice prior to entry, the tenant can request such language be added before the lease is signed.
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Damir KamberPro Member
Investor · Roswell, GA · Member since 2014 · 234 posts · 97 votes
9y
This is very valuable info, thanks all!
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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
9y
IMO, it's unwise to show a unit with the existing tenant still resident - - you're showing the mess and clutter which always makes the unit look too small.
So, showing for a prospective new tenant I wait until it's ready for move-in (yep, that's a vacancy, but it pays me back with better tenants).
Showing for the purpose of selling is another matter and the tenant will have to allow access when given written notice of intent to enter the residence - - knock on the door and then use YOUR key.
1 Reply
Account Closed
Member since 2018 · 1 post · 0 votes
8y
I would think this policy would need to be utilized sooner. I know in Colorado 91 days notice of date to surrender unit is required to terminate lease if any notice is required by lease. If you aren't starting the process until 45 days or even 90 days any notice would have to start over if not done correctly and the tenant would be correct in disputing a hold over claim if full 91 day notice isn't made. Even if you were to win possession erroneously tenant would have appeal rights and the right to sue for 6 years on breach of contract.

Originally posted by @Linda Weygant:
I have it in my lease, but I have a tenant who is fighting it too. Lease isn't up for a couple of months, but tenant is already telling me that I can't inspect and can't show it when they move out.
Tenant is being taken to court to sue for specific performance. Instead of me telling tenant they must comply with the lease, the judge will be telling them.
Oftentimes you don't get enough warning to know your tenant is going to do this until you're already in the 30 day notice period, and the courts move too slowly to help.
Because of this tenant, I've decided that from now on I will start talking to my tenants at the 90 day mark to feel out whether or not they want to stay (presuming I want them to stay) and start the discussion about the 30 day process if they seem like they are going to leave. Any push back on inspections and showings will be met with a day in court so the judge can explain how their lease works.
I ain't screwing around any more. I've let tenants dictate terms too much and that stops now.
I've had to learn my lessons the hard way in this business.
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