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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27689
Experience:  25 years experience
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I have a tenant who is impeding the sale of my home. This

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I have a tenant who is impeding the sale of my home. This is costing a lot in lost offers with the market so hot. Do I have any legal recourse with this specific issue?
-Could you explain your situation a little more?
What is the tenant doing to impede the sale?
How long is her lease?
Is there anything in the lease with respect to her having to cooperate in the sale of the property?
Is this a single family home or an apartment building?
Customer: replied 4 years ago.
I have never received a response to my info requests.
Customer: replied 4 years ago.
Oh darn. I thought it went. I will start again.

The tenant will be out June 17. The lease does stipulate access for this purpose with 24 hr notice. It is a single family home and currently on the MLS. My realtor requested 4 appointments to show the house tomorrow. She is only allowing one hour and nothing on the weekend. She said if anyone shows up outside of that hour, she is going to call the police for tresspassing.
Dear JACUSTOMER - This is always a problem when there is a tenant in a home that is on the market. If the lease specifically says that you can show the house with a 24 hour notice then you have that right but if the provision is for a 24 notice for inspection then that is not the same thing and you could not require access every other day for showings. The law is generally on the side of the tenant since it is the tenant's "quiet enjoyment of the premises " that is being disrupted with the showings. You have to be careful as the landlord that you do not violate the tenant's rights since you could end up having to defend a lawsuit which can be costly ever if you prevail. Since the tenant is leaving in a month it would be impossible to get this before a court to have it resolved before she moves so my suggestion is to try to get your Realtor to schedule the showings during the time period the tenant is allowing. If you confront her at some other time it isn't going to help sell the property and you will simply be risking some court action that will cost even more than possibly having to delay the showings. Legally, if the lease specifically states that the property can be shown for sale purposes with a 24 hour notice then you can give 24 hour notices and have the Realtor show up but if the tenant refuses entry you will have an embarrassing situation for which there is no practical remedy other than taking the tenant to court. You couldn't be charged with trespassing if this is in the lease but it still would be a problem. If the lease only says you can inspect the property with a 24 hour notice then you would not have the right to continually bring prospective buyers to the house for showings.
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