Landlords Right of Entry

[Robert Shadley]

Hi All,

To make a long story short, I have a new tenant that needs some measurements in one of my homes that she will be moving into soon.  I gave the current tenant a written notice that I will need to enter the premise with the future tenant and she is telling me "no, this is an invasion of her privacy."  I do not have anything specific in my lease on the topic (which I am changing for the future) but I had read somewhere that the landlords could do so with written advance notice.  

Some other background on the situation...

Michigan residence

* Current tenants lease was up on Oct. 7th and she is still not out because she is waiting on her new place, even though she told me she would be out the middle of Sept. (which is why I now have an upset new tenant)

*I was trying to be proactive and get a good tenant lined up, which I did but she needed to be in by Oct. 1st because her house sold. (mistake on my part, should have waited until the current tenant is out.)

*Now I am caught in the middle of 2 stressed out people and trying to accommodate both parties.  I did not want to start legal action on the current tenant because she has been great, and assures me she will be out on Saturday. 

My Questions is:

Am I within my rights to show the property?

Is it worth the risk?

Any recommendations...

[Deanna McCormick]

So did you give written permission for current tenant to extend stay.. has she paid any rent for same period.. IF NOT>. Give her immediate notice to vacate, you will file eviction action on Monday if she's not out. and YOU have no gaurantee she will leave .. it's happened before and she's got you over a barrel.. your doing nothing 

Incoming tenant.. your going to lose her if you don't provide her housing.. so get your act together.

As far as entry.. you don't have to give tenant reason of entry.. just notice.. 24 hours written posted on entry door.. if you have someone with so be it.. tenant doesn't need to know your business... As far as tenant letting you in that's another situation. she could hold fast and not let you enter,, she could put door chain on.. or simply not be around and no issue..

I don't think you have a good situation, your going to need to push the envelope on this one and download you state landlord tenant laws so your prepared for eviction action. 

More than likely current tenant doesn't want you in to see she's not packed a thing. !!