When tenants won't let Realtors in???

Question

Situation: I'm a Realtor. My client owns a property in Steelton Pennsylvania that he needs to sell. Two of the tenants have changed the locks and will not let potential buyers in (they pay their rents). The owner says they are hoarders. The owner's leases are DIY one-page agreements that don't have the 24 hour notice for access clause. I suggested that if he can't get keys and they refuse to let anyone in, his only option would be to evict them. The owner claims he spoke with a district justice who said there is no cause of action for an eviction. I'd love to hear your thoughts on the best way to get these two tenants to cooperate and/or get out.

Matt Devincenzo · Answer

Not having the notice to access clause, doesn't mean that there is no allowance for notice to access. State codes will establish what a legal access may look like, and probably provides for 24 hour notice to access. So I'd start there. I also wouldn't listen to what a client told me a possible judge might have said...call an eviction type attorney and ask him what you can do to gain access. My guess is the failure to allow 24 hour access can go to court, that judge can force access (if not the eviction), and when they fail to comply with the court ordered access then you could evict.

The devil is in the details, but based on your description I think you still have some relatively straightforward options to pursue to initial access.

David P. · Answer

I would find a buyer willing to pay it as is without going in. I recently purchased a multi where the tenant wouldn't allow anyone in unless he was there which was weekends only. I switched lenders half way during escrow and had to get another apprasal. Instead of waiting for the tenant to allow us in my realtor actually snuck in and got the apprasier in to take pictures. In any case if the buyer can go in and walk the grounds and see the other units...an apprasier could get creative with pictures/videos from the tenant and see if that could work.

John Warren · Answer

@Joe Chirdon this is where an investor friendly agent like yourself can really shine. Talk to your local attorney and find out the truth about the process. Even the most tenant friendly states allow access for sales, etc. Then, loop in your owner and explain. What we do is provide notice 48 hours in advance of the showings. If a tenant still gives us issues, then we loop the owner back in. We would go so far as to facilitate a lock smith or maintenance person arriving with ownership to change locks if it came down to it. I would say over half of our listings are tenant occupied, and this type of challenge goes with the territory.

At the same time, there is a better way that almost no one talks about. Many times, the tenant feels a loss of agency in this process as they literally get nothing out of it other than potentially a rent raise next year. We have found that leading off with an offer for them to purchase the property will often times make them feel at least a bit more in control. They then cooperate better (on average) if they choose not to be the purchaser. We set a tight time limit on this and we have them connect with our lender so we can control the process.

Nathan Gesner · Answer

I believe PA does not have a law for this specific issue. It is common knowledge the Landlord has a right to enter the property, but should give reasonable notice.

You're in too deep. Contact an attorney and start working toward eviction.

Theresa Harris · Answer

There are standard things that don't need to go in a lease. Check the local laws on entry and changing locks.

Also when are their leases up?  he can give them notice of non-renewal. If they are hoarders, he should have done that the first time the lease was up for renewal.  If they are month to month, he can give them notice to vacate.

Patrick Drury · Answer

@Joe ChirdonHave the seller send the leases to an attorney to review and see if they are in violation of the lease. Also, are the leases month-month or year leases?

When tenants won't let Realtors in???

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