Tenants moving out, but not cooperating with showing the house

[Bienes Raices]

The house across the street from mine is also being advertised for rent right now. Some applicants for my house told me that they called the prop. mgmt company for the house across the street and were told by the mgmt co. that the current tenants there aren't cooperating with the showings, so the applicants were never able to see the inside of the house.

I have something in my lease about this issue, but it doesn't really have any teeth in it right now. I know it is state specific for security deposit, but has anyone had luck deducting from the deposit for this kind of behavior?

[Bill Gulley]

Originally posted by Financexaminer:

Not unless it is specifically agreed to, IMO, as to a "fine" per appointment missed. All states have the quiet enjoyment angle for tenants and that does not end really until you take possession. I have always waited until I took possession to show a unit anyway, after it was cleaned up. But I can see how you could address this specifically in your lease agreement and hit the deposit, subect to compliance with laws governing deposits. Good luck with it...

This is not to say I don't have experience in the issue. A tenant can lock you out even if you have addressed if as showing at reasonable times. What is reasonable? It could be that the tenant says you can show it between 10:30 am and 12:00 and 3:00 pm to 5:30 pm M_W_F and in the morning hours mention on T-Th and Sat and not at all on Sundays. So then what?

Would you want to show while the tenant is not there for them to make a claim that something is missing?

I have an additional adminstrative fee in my lease that allows me to basically increase rents for that current month for additional unforseen adminstrative duties and it was blessed under HUD lease requirements and our city attorney who had to approve leases for a particular program. I could have said given them notice of an appointment and if they didn't open the door, that would have consituted an additional admin activity I had to do that took my time without benefit. I could have made it part of the rent and if unpaid as due, declared default. And, any past unpaid rents could come from the rental deposit (not secirity deposit).

I suggest if you want it in your lease that you attach a fee amount to any appointment that is not kept or denied, like 25 or 50 bucks, being specific and attaching a fee certain will justify your action.