Tenant denied access for inspector

[Anatole Doak]

Hi everyone,

Interesting situation happened over the weekend and would love some feedback/advice.  During the inspection on a property I'm buying in the Cobbs Creek are of Philadelphia, the tenants were present and refused the inspector access to the basement of the property.  They started into a story about how there's a flea infestation (they don't have pets) and how it's "unsafe" to go down.  Keep in mind, when we walked the property less than 2 weeks ago when the owner and my rep went to the basement they made no mention of fleas or gave us any warnings that they shouldn't go down to the basement.  The basement was cluttered and had a lot of junk in it, but no mention of fleas.  When we insisted we needed to go down for the inspection, they started screaming and yelling about how we couldn't go down and so the inspector decided he needed to leave.  In addition, the house had a marijuana smell to it.

I'm thinking it could be one of a few things:

1) The tenants are concerned the owner is selling the house which means they might lose their tenancy and this was a way for them to disrupt the process to "keep them in the house"

2) There was marijuana in the basement and they forgot the inspection was happening, and they didn't want to get caught with having contraband in the house as that would be means for eviction.

3) There is actually somehow a flea infestation down in the basement (why the basement though when they have no dog and haven't reported it to the landlord?) and so the inspector cannot get into the basement.

The owner is a friend of mine, this house is a great deal well below market value and I still would like to pursue it even with the complications above.  However, I'd be hesitant to buy it without a full inspection and would love to get the inspector in the basement.  I'm calling the owner later today to figure out a solution, any advice or feedback based on what I explained above?  

[Thomas S.]

I would be 100% straight forward with the seller and openly state your concerns. If you buy you will very likely need to get rid of these tenants making it irrelevant as to how they feel at this point in time. I would make the assumption there is weed growing in the basement, that they do smoke weed and for that reason you will need to get them out when you take ownership. Easiest method through non renewal of their lease.

Tell the owner to issue a 24 hr notice to have the inspector back in and move forward. Make it mandatory that both he and you be present for the inspection. If there are no fleas, which there will not be, and the inspection is satisfactory, move forward and once you take ownership get them out asap. Alternately have the seller get them out and provide vacant occupancy for closing.

If you do not have a issue with your tenants having a crow op in the home tell them that, allow them to clear it out for the inspection and put it back after wards. No problem.