Wow all, first of all, THANKS for the great responses!
@Aaron Linden there is a clause in the lease that allows us to show the property with notice etc, but according to the property managers they cannot (or won't) hold the deposit for this and can only give 30-days notice, which is longer than their move out date. I am going to see how long it takes to rent the property, and may take your advice. Finding it ridiculous and the inaction is strange.
@Cara Lonsdale, I will look into a cure notice, but at this point it's the 16th and they are moving out on the 28th, so I'm not sure it would be able to be done that quickly, what the costs involved would be to make it worth it, and then by the time showings were to be set up again it may end up being when they move out anyway. I am glad I know about this for the future though! I have contacted the property managers to add an addendum to future leases that charge the tenants a $75 fee for each showing that they block. I like the way that you worded it though because that would also cover other lease violations, for example I just found out that they have an unauthorized pet on the property, another violation of their lease. I may get a new PM because the current one seems to be too laissez faire for my taste.
@Account Closed, realizing this thread has gotten long, I have posted a few times that the lease, as well as state law, declares they must allow showings with proper notice as well as in a reasonable hour.
@Adam Christopher Zaleski, frankly if it was me I'd want to do that too. Ha. I am interviewing another property manager today who was recommended to me. And another one of my rentals is close to a major university and tends to follow the academic calendar as well - yep I get it - if we waited for that one to be vacant before showing, we would be totally out of the rental loop. No one there to my knowledge does or would do that.
@Ben Visser, thanks - me either, but now we know!
@Amy Beth, great suggestion! I think I had asked about that before but they were going to charge me something high for going out. I may discuss with them again. I am interviewing another property manager today and I will ask that of him as well. I tend to stay in contact with the neighbors as well, and they are pretty good at keeping me in the loop but can't see inside.
@Bradford Clark at this point I am writing it in future leases and making sure maintenance is ready to go from day 1. It's actually a month they are refusing showings but at least it's the shortest month of the year, haha.
@Frank Chin interesting stories! If a tenant refuses showings they will be given a 30 day's notice immediately, and in the future fined for each time they refuse a showing in the meantime before they are out. No sense in keeping an uncooperative tenant and I can see why.
@Ned J. thanks! The other way to look at it is if the prospective tenants are seeing it the month before move out and don't like the way it looks, they will most likely have found another place before it would have been vacated, fixed up and ready to be shown anyway. I tend to buy properties in good/up and coming areas but nothing so amazingly hot.
@Brian Cardwell thanks! will update the post in the end!
@Lynn McGeein turns out the tenants were hiding things, which I figured was the case anyway.