I own a duplex in Upstate NY. I live in one side and rent the other. I put the property up for sale last month. My problem is, the agent can never get in to see the rental side because the tenant is never there when she shows up. The agent calls her with 24 hrs in advance, but she never picks up the phone and claims she never got the message on her machine. When she is there she claims she is too busy to show. What are my rights as a seller? If I give the tenant 24 hrs notice can I just go in and show the property? The tenant told me she will call the police if I go in and it is not an emergency. Do I have any legal recourse because she is hindering the sale of my property. If anyone can give me advice, please let me know. Thanks
2006-06-10 11:46:38 · 9 answers · asked by dewdrop034 3 in Business & Finance ➔ Renting & Real Estate
She is on a month to month basis, with no lease.
2006-06-10 11:55:24 · update #1
Post the 24 hours notice in writing on the door, then you or your agent can just go in and show the place.
It's probably a condition of the lease that you be allowed to show prospective buyers/tenants the property, and her refusal to cooperate constitutes a breach of the lease. Since it sounds like she's going to be trouble for you anyways throughout this process, I'd recommend giving her a 3 day notice to quit and starting the eviction proceedings. Ideally you can give her some U-Haul money to vacate the property without eviction proceedings.
The last thing you need when selling your property is a nut-job tenant messing with your sale.
2006-06-10 11:53:06 · answer #1 · answered by SndChaser 5 · 3⤊ 0⤋
Leave her a message, post a letter on her door, go to her door (since it seems she answers it) to tell her verbally.
Laws can be different in various states.
From a website (note the various ways of giving notice).
Noticed entry should be during normal business hours, unless the tenant consents. The right of entry shall not be abused by the landlord or used to harass a tenant. Reasonable notice has been deemed by the courts to be 24-hour notice. The notice should be personally delivered, left with someone at the premises of suitable age and discretion, or left at, near or under the usual entry door where it is likely to be discovered. It can be mailed, but the landlord should allow 6 days between mailing and entry. There is an exception that allows oral notice of entry during the sale of a property provided certain procedures are followed.
2006-06-10 11:50:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
apartments are not hard to rent give her an eviction notice to move. you dont have to give her any explainations because you are on a month to month basis. that way you can show the property any time you like and the next people that move in will be on a month to month basis as well of couse because you are saling the property. and they will have to be told and understood between the 2 parties that they will have to show the apartment with 24 hour notice and put that in the contract.
2006-06-10 13:48:51 · answer #3 · answered by moe 5 · 0⤊ 0⤋
If you give the tenant 24 hrs notice, you are perfectly entitled to go in and show the property!
2006-06-10 11:50:19 · answer #4 · answered by Who?Me? 5 · 0⤊ 0⤋
Ask her if you can come in. Knock on the door when you know she'll be home so you can at least have a glimpse inside.. she has probably put some damages into the place and is ashamed. It's either that or she doesn't want to move out. I'm not sure what you can do legally.
2006-06-10 11:51:42 · answer #5 · answered by PlasticTrees 2 · 0⤊ 0⤋
Have you contacted The Housing Authority in ur State? Every state is different...in California for instance...if the real estate agent says theyre gonna show the property then they can just show up and knock on the door...same in Texas...Contact your Housing Authority....
2006-06-10 11:50:43 · answer #6 · answered by celine8388 6 · 0⤊ 0⤋
She obviously does not want to move and you have pissed her off. Speak with your realtor about the laws specific to your area. Worst case scenario you can send her notice that she will need to be out at the end of the month. Then you lose that income, but will sell much more quickly.
2006-06-12 16:23:13 · answer #7 · answered by BigDaddy 4 · 0⤊ 0⤋
I believe that unless it's in the lease that you can do this, she doesn't have let anyone in for any reason except emergency personnel (ie: ambulance, fire dept.) until her lease is up.
2006-06-10 11:50:54 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Give her 30 day notice to vacate.
Do it now before winter.
2006-06-10 12:45:59 · answer #9 · answered by HMMMMMM 3 · 0⤊ 0⤋