How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110363
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A client has a problem gaining access to one of their tenant-occupied

This answer was rated:

A client has a problem gaining access to one of their tenant-occupied units.

They do not have a lease, the tenant is on Rental Assistance where she pays part of the rent & they pay a part of the rent. The problem is, the house is going to be put up for sale and the tenant won't let the realtor or any prospective buyers into house. Does my client have a right to enter the property with a 24 hour notice?
Thank you for your question and for asking for me again.

Your client does have the legal right to enter the premises for emergency reasons or with "reasonable notice" for inspection or to show the house for sale. If the tenant refuses, your client can file for an emergency order to get the court to order the tenant to allow the entry.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 3 years ago.

Ok so just to be clear, if my clients give a 24 hour notice, will they be able to enter the property then, or will they still need the tenant's consent after the notice?

Yes, if the landlord gives written notice they intend to enter the property, they can enter the property and if the tenant tries to stop them, then this is actually a breach of the lease and the landlord can go to court to get a court order for entry and begin eviction proceedings as well for their breach of the lease.
Customer: replied 3 years ago.
Thank you. And if there is no actual written lease, not allowing the client entry can allow us to get a court order?
Thank you for your response.

If there is no written lease, then he must allow entry with reasonable notice under the landlord tenant laws as well. Not allowing the client to enter his property would be grounds for a court order still.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for all you help. A couple more questions just to be clear:

1. Is the order only good for a 1 time showing/appt or many?
2. How long does it take to get the order?
3. Can the client use extra key to enter premises after prior notice has been posted if tenant is not home?
The order should be good for "reasonable" showings, meaning if it gets to be 2-3 a day that would likely be unreasonable. 1-2 times a week would be reasonable.

You should be able to get the order on an ex parte emergency basis, since selling a house is time sensitive, depending on the court.

The client can enter if the client is not home, with reasonable notice.
Law Educator, Esq. and other Business Law Specialists are ready to help you

Related Business Law Questions