Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Tomas Satas you are looking at this 100% from only your point of view. First of all, the lease clause is worded for showing to perspective tenants, which would be after the current tenant gave notice. It doesn't say showings to buyers, but rather specifically calls out applicants. That could be an issue if you went to court. Tenant has rights to quiet enjoyment.
Look at it from her perspective, parading a bunch of buyers through is of no benefit to your tenant. Only down side for her. People don't take off shoes, leave lights on, open her closets and generally just invade her personal space. She get's nothing out of it. She literally just went through the same disruption with the previous owner, now you are selling less than a year later? Hardly what a tenant signs up for.
My point is, stop looking at things as how it benefits only you. Look at it from her perspective and you will see she is justifiably bothered. Find a way to work with her, which means some benefit to her such as a rent concession for each showing. Offer her $20 per showing and $100 credit when a buyer is found. Let's say there is ten showings, that will cost you $300 total! Why even consider eviction when there are better (cheaper) solutions like this that are win/win.
One thing that will help is stop parading all the buyers through the property. Take a video and let buyers know they can inspect after the property is under contract. Any real investor will understand that showings alienate tenants. My guess is most of the "lookers" are just newbie investors who won't buy anyways.
Property Manager · Michigan Ctr, MI · Member since 2016 · 663 posts · 581 votes
7y
@Tomas Satas does your lease have a clause that states the Tenant has to cooperate with showings to potential tenants or buyers? Most do and if your's has one, once you make a reasonable showing request and it is denied, make it a second time and if the Tenant denies it again, she would be in breech of the Lease and that would be grounds for eviction but, it needs to state that the Tenant must cooperate with showings in the Lease. Do you know if yours says that?
She can't block your access to the unit. Can your realtor go into the unit and take a video of just that unit to show potential buyers? Once you have an offer, tell her you need access for an inspection. Remind her that it is in her best interest to put her best foot forward with the new landlord...do NOT word it that way.
Investor · Berwyn, IL · Member since 2015 · 64 posts · 8 votes
7y
Yes in my lease it states That’s Lessee also with hereby grants permission to lessor to show, and to new rental applicants to inspect, the apartment at reasonable hours of the day, within __________ (there’s a line here that that previous owner just put an x thru) of the expiration of the term of this lease.
Believe me, we have tried everything! She tries to sabotage every showing while we are showing her unit by being extremely rude to buyers, blasting the tv, talking nonsense about how the roof is leaking (roof was a complete tear off 3 years ago), not responding to any questions or greetings, giving menacing stares to everybody while following them around her apartment, etc.
We have now exhausted ALL options.
She has essentially scared away a few potential buyers because she presents herself as a nightmare tenant.
Before all the showings she was a dream tenant and she went all Dr. Jekyll on us...
We are very familiar with the eviction process because we have been in the RE business since the 1950’s.
But this scenario is a total first for us...
Just wondering if a judge would allow an eviction and what evidence we need.
We already have texts of her denying showings and the last text said we cannot show her unit until she moves.
Which probably won’t be for a little less than a year!!!!
Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
7y
If your city/state allow for landlord entry for showings and it is stated in your lease, then theoretically you may be able to evict. However, states differ in handling landlord entry. In California, a proper notice means 24 hours and acceptable entry is typically a 1 hour time range between 8 am and 5 pm, Monday to Friday. Typically, the eviction process will involve proper notice to perform (in this case, stop violating the lease) or quit (vacate the premises, which does not relieve tenant obligation to lease). If after the specified time (in CA it is 3 days), the tenant continues to violate the lease, then an unlawful detainer is filed in your local court.
I strongly suggest trying to work with the tenant and communicate for an amenable situation as @Theresa Harris suggests. But if you believe the tenant is causing you loss, then I suggest working with a qualified attorney throughout the eviction process as this specific situation may be somewhat complex. Good luck and let us know how it unfolds.
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
7y
If it is in your lease then this is breach of contract for not allowing you to show unit. I'd explain that to her and maybe see if you can work something out.
Is she moving out soon or is she staying the other year of her lease?
Can you give her 24 hours notice for a time frame you know she won't be there?
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
7y
The way you stated that the previous landlord crossed out that part, conceivably meaning "within 0 days of expiration" could mean you have no right to show it for purchase or rent before lease expires. I'm not a lawyer, just stating that it appears confusing to the average person, so if tenant considers it means no showings, it may be very hard to evict on that premise, especially if a judge agrees she could arguably see that it was meant that way.
I do like the video idea. As an agent, I have to work around many owners' and tenants' weird schedules. If she truly won't show it, you can state, Unit 1 not available until inspection period, layout similar to Unit 2 -- see photos or video. See if there's a 2-hour window, same time each week when she's gone, anyway, that you can agree to schedule showings, where she won't be disturbed the other 6 days. Or see if she wants a fair early-termination release agreement where you basically pay her to move now.
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Tomas Satas you are looking at this 100% from only your point of view. First of all, the lease clause is worded for showing to perspective tenants, which would be after the current tenant gave notice. It doesn't say showings to buyers, but rather specifically calls out applicants. That could be an issue if you went to court. Tenant has rights to quiet enjoyment.
Look at it from her perspective, parading a bunch of buyers through is of no benefit to your tenant. Only down side for her. People don't take off shoes, leave lights on, open her closets and generally just invade her personal space. She get's nothing out of it. She literally just went through the same disruption with the previous owner, now you are selling less than a year later? Hardly what a tenant signs up for.
My point is, stop looking at things as how it benefits only you. Look at it from her perspective and you will see she is justifiably bothered. Find a way to work with her, which means some benefit to her such as a rent concession for each showing. Offer her $20 per showing and $100 credit when a buyer is found. Let's say there is ten showings, that will cost you $300 total! Why even consider eviction when there are better (cheaper) solutions like this that are win/win.
One thing that will help is stop parading all the buyers through the property. Take a video and let buyers know they can inspect after the property is under contract. Any real investor will understand that showings alienate tenants. My guess is most of the "lookers" are just newbie investors who won't buy anyways.