Tenant won't let me show my property...real estate professionals, please help!?

Question

I have a property that I am renting to Section 8 tenant. I am trying to sell the property because I am tired of being a landlord. My tenant is being so uncoorperative because she doesn't really want to move so now she is trying to make it difficult for my agent to even show the property. I told her to make it fair to her, that my agent would set the lockbox to only show between the hours of 11am-7pm everyday. Today I got a call and a buyer who really wants to see it at 9:30am on Saturday because she is flying in from another state to view 5 properties and mine is at the top of her list. When I called my tenant to tell her that someone will be by at 9:30 she said, no that is not the time we agreed on. I thought you said no one can come until 11am! She wont let me show my own darn house! Does she have the right to do this? I am trying to sell my house so what rights do I have as a landlord? I'm in Georgia

Answer 1

I am also a landlord currently trying to sell a tenant occupied townhome (not section 8). They also did not want the property shown at all.

2 ideas:

1) Cash is king--offer them $500 if the home can be shown anytime. Since they are section 8 that should be a lot of money to them. If the house sits on the market and you have to reduce the price, that is $500 you will wish you would have spent.

2) Find the Landlord and Tenant Act online, which most states have. In it,-in Virginia at least- it does say that the house can be shown to perspective buyers (with notice, tenants have a right to be there). This is a little deceptive because this Act only applies to landlords that own and rent out 10 or more units, but your tenant would never know that. Show it to them and advise them they are breaking the "law" if they dont let you show it.

Answer 2

I was a construction inspector for a Public Housing Authority. Sadly, the way things are now, the tenants in fact have more rights than the landlords. I would call the tenant's bluff and contact the potential buyer and explain the situation. If she's a serious buyer, I'm sure that she can re-arrange her schedule to accommodate this individual, after all, it was you who did set the 11 am rule. In the meantime, contact the Section 8 Housing Inspector and explain what is happening. Unless the rules have changed, a 24 hour notice is required, but fair is fair, and you have been the beneficiary of Section 8 payments (which are guaranteed, unlike the private sector) for as long as you've been renting the house.

Answer 3

It's tough when you have a tenant like that. Especially a section 8. You would be best to get rid of the tenant first, then try and sell the house. More than likely they are going to trash the house anyway. I had a buyer and the tenant wouldn't let us in at all. No time was ever good. The seller took a big hit on the price, but I talked my buyer into buying as is which gave them 10 days to get the house inspected and could back out with no penalties. I beat 10 other people to the table who insisted on seeing it. The house was on the market for months, when houses with its features were selling to more than top dollar in a week. The buyers could have made 30K more without the tenant. You can also bet the section 8 tenant knows the laws better than you and would be looking at a 60 day eviction process minimum.

Answer 4

Hi I am an agent and those situations are tough indeed.

What I do that has worked, not all the time, but you can try it, is to offer the tenant cash IF, and only if, the place sells.

Also tell them you will help them find a place to move too, your agent can help with that.

Now I would advise you not to act desperate with her or to show desperation.

But I would say this "Hi [name], as you know I am selling the house and I apologize for the inconvenience. I wanted to get your opinion on an idea that I have where you and I can both make some money.

Then tell her that "for sure the house is going to sell and if she cooperates with you that you will give her $500 or $900 or $400 (This part is up to you) at the close of escrow.

This will help her to move into another place but then you say "If however we don't work together and we can't agree on this, then it will take me longer to sell, you will be moved out and also you won't make any money so I think its best if we get along on this as I need the place shown and you need the money."

Now you can say it any way you want but you get the idea. This has helped me.

Answer 5

I would recommend to your realtor that he or she explains to the tenant that it is possible that the new owner may be an investor and would love for them to continue with the lease.
Next, I would say that if the person flying in from another state has 5 houses to view then to put your home last which should work out to be around 11am .
This way everyone is happy.

Good luck with the sale of your home!!
Carol A. Nowland
Future Home Realty, Inc.
Palm Harbor, Fl. 34684
www.yourfuturenewhome.com
727-434-1705

Answer 6

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.

Answer 7

your rights in this matter are controlled by your lease. So what did you put in the lease?

if you didn't put anything in the lease, you are having a learning lesson. Yup -- and it hurts.

That's what the lease is for. That's why you talk shop with other landlords about what clauses you want in a lease, before you let the property.

Since Saturday is tomorrow morning, my bet is that you'll lose. Write this one off to experience. Then consult a local real estate lawyer about how to handle the next one.

***
Btw, experienced buyers, at least the ones I know, do not put their 'best prospect' property first on the list. The first one or two are seen to set up their sense of values in the area so that they'll really know if/when they find a gem later in the day.


GL

Answer 8

Ask a Realtor. in my state in AZ the tenant has to show the property but you have to provide a document call Tenant Rights and we have to give the 24 hours to then show the property. You have to check with your state and there rules on that.. I would call up a realtor in your state.

Answer 9

I would offer her some cash at close IF the home sells quickly. Tell her this now. Then she will allow showings and she will have the house nice and clean. She will be happy to come into some dough and you will get a better offer on it. I have written a couple of posts about uncooperative sellers on my blog. I will link to one of them below for you. I am a Michigan Realtor.

Answer 10

Wow, Thankss! just what I was searching for. I tried looking for the answers on the internet but I couldn't find them.