Unresponsive Tenant.....Now what?

Question

I placed a tenant starting on 1 August and already he's turned out to be a flake.  Cool part is, I'm learning a whole lot.

He still hasn't paid September's rent, claiming a medical problem with his father, thus he's bed-side with him and is preoccupied.  True or not: pay your rent.  He mentioned he will probably need to break the lease (45 days into a 12 month lease) to move back to where his ailing father lives.

I sent him a pay or quit notice already and will start eviction proceedings by Wednesday. Fine and dandy.

My main question is, since he's already told me he plans to break the lease and advised me to market the property for rent again, can I show the property w/out his permission? I ask this question because this tenant has become unresponsive and I have had a lot of interest from potential new tenants to see the property.

Can I show this property?

Dan C. · Answer

In my state and I would think most, you don't need permission to enter or show an apartment, just appropriate notice.  But as a practical matter if a tenant is not cooperative it can make showing an apartment difficult.

My own personal preference has always been that I only show an apartment when it is occupied if the existing tenant has kept the place orderly, if they are not a flake, and if we are parting on good terms.  Sounds like this situation does not match that.  But really it is a judgement call on your part - whether he will be cooperative and keep the place in decent shape for showing.

Nicole A. · Answer

On the other hand, showing the place while occupied might not be as attractive as a clean, empty place.

Any idea why he's become unresponsive? Have you shown frustration? I'd say if he's not paying anyway, but wanting to move out, let him just move out so you can find a GOOD renter. But put it in writing. Talk pleasantly to him. Have a written agreement that on X date, he will be completely moved out and you will not continue with court charges.

The date should be soon too.... giving him an entire month is too generous in my opinion. I say two weeks tops.

Nicole A. · Answer

I could be wrong, but I don't think your notice to come to the property or to show it is about asking for "permission". It's about giving them notice. Therefore, if he doesn't want to respond, no matter because you still told him. To be safe, I'd notify via email, regular mail, voicemail....everything...and document it....and get there early before prospective tenants arrive so you can knock on the door and possibly talk in person.

Andres Piedra · Answer

All emails.

Charles Morgan · Answer

Do you have anything from him in writing?  If not be careful.