Landlord Seeking Advice: Tenant Refusing Showings (Niece's Health) & Potential Holdov

[Yan Kang]

Dear BP Community,

Good evening!

Sorry for the lengthy post!

I'm a landlord facing a challenging situation regarding showing my rental property as the current tenant's lease is ending soon. They are refusing all showing requests, citing a health condition of their niece (who is not an approved occupant on the lease). Their message was: "Hello, not possible to show! My niece has immune deficiency and can't be compromised."

While I want to be considerate of potential health concerns, the lease includes a standard landlord access clause (quoted below), and I need to minimize vacancy.
< LANDLORD’S RIGHT TO SHOW AND INSPECT Landlord and its agents shall have free access to the Premises, at reasonable hours only, with 24 hours notice, for the purpose of examining the Premises to ascertain if same are in good condition and repair, for the purpose of making reasonable repairs which Landlord may be required to make hereunder and for the purpose of exhibiting the Premises to prospective purchasers or tenants.>

Adding some background, the current tenant has lived in the property for several years and recently made an extremely low offer to purchase it, which I declined as it was not a serious offer. So I intend to continue renting. I suspect their resistance to showings may stem from their disappointment about not being able to buy the property at their desired price and a potential desire to hinder the re-renting process.

To attempt a resolution, I'm considering the following:
1. Financial Incentive: Offering a small rent reduction for the final month or a gift card as a gesture of appreciation for their cooperation with showings.
2. Flexible Scheduling & Precautions: Allowing them to select specific, limited time slots for showings and implementing strict safety protocols (masks, limited attendees, ensuring the niece is not present).

However, I also have a significant concern about a potential holdover situation. Even if I successfully lease the property to a new tenant, I worry the current tenant might refuse to vacate after their lease expires, potentially leading to a difficult eviction process and jeopardizing the new lease agreement.

Given these complexities – the tenant's refusal based on a non-occupant's health, the potential underlying motivation, my need to show the property, and the risk of a holdover – I would greatly appreciate any advice, strategies, or insights on the following:

1. Best approaches to respectfully and effectively negotiate showing access with the current tenant.
2. Legal considerations regarding the tenant's refusal and my rights under the lease and local laws.
3. Strategies to mitigate the risk of a holdover tenant and protect myself and any future tenants.
4. Any alternative solutions I might not have considered.

Thank you in advance for your expertise and guidance.

Best regards,

Yan

[Greg M.]

Dear Tenant,

I'm sorry to hear about the health problems your niece is having. I will do my best to make a reasonable accommodation, but I will need to show the unit to prospective tenants as well as document the condition. As per the lease and the law, I will provide a minimum 24 hours advance notice so that your niece can vacate the unit and I will do my best to group showings to reduce the number of instances. 

I would suggest your niece remain in the back yard or inside their car when I am conducting these short tours. If you would like, upon leaving, I will be happy to spray items touched in the unit and the general air, with any Lysol or Clorox-type disinfecting spray that you provide. 

Please understand, should you prevent me from showing the unit, you will be liable for my additional expenses, include loss of rent caused by extending the time for repairs and releasing the unit, and any attorney fees I incur for this lease violation. 

My first showing will be on Saturday May 1st at 11:00 AM.

Sincerely,

Your Landlord