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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91050
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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A client has a problem gaining access to one of their tenant-occupied

Resolved Question:

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?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
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.




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Customer: replied 1 year 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?

Expert:  Law Educator, Esq. replied 1 year ago.
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 1 year ago.
Thank you. And if there is no actual written lease, not allowing the client entry can allow us to get a court order?
Expert:  Law Educator, Esq. replied 1 year ago.
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., Attorney
Category: Business Law
Satisfied Customers: 91050
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 9 other Business Law Specialists are ready to help you
Customer: replied 1 year 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?
Expert:  Law Educator, Esq. replied 1 year ago.
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., Attorney
Category: Business Law
Satisfied Customers: 91050
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 9 other Business Law Specialists are ready to help you

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