Portland, OR · Member since 2016 · 3 posts · 1 vote
I'm currently selling a rental property in Portland, OR. I have tenants who are in good standing, and have 6 months left on their lease. I have an offer in hand, and the buyer has been shown the house and is moving forward with the sale pending an official home inspection.
My question is: can I require the current tenants to leave the home during the buyer's inspection, or do they have the right to remain on the premises? I know inspections can be disruptive, and I do not want the tenants to become agitated.
Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
10y
John,you can not order them off the premises but,you can encourage them to go out to lunch or do errands while the inspection is taking place.Give them a written notice on exactly when you will arrive and depart the property and suggest they find something else to do because the inspection will be hectic and disruptive to them.Offer them a gift card to Olive Garden or something to pay for lunch.
Flipper · Portland, OR · Member since 2015 · 46 posts · 19 votes
10y
Other than the disruption I'm wondering why you want them out during inspection. If it were me, I'd want them to stay. I doubt this happens very often but requiring them gone for the inspection opens the door to claims of missing/broken items. It's disruptive but they know the house is being sold and I'm sure you told them about the process. I'm sure it would make it easier but I wouldn't want that exposure.
Portland, OR · Member since 2016 · 3 posts · 1 vote
10y
Motives notwithstanding, do I have a legal right to force them to leave the premises or do they have a right to remain on the premises during inspection?
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
10y
You likely have no legal authority to force them to leave their own home for the purpose of the buyer's inspection. Confirm how this matter is addressed/worded in your lease, but I doubt there is anything that says they must leave during an inspection or that it would be enforceable even if there was.
For example, under the "Entry" heading on my lease agreement, it states the following: "Tenant shall make Premises available to Landlord for the purpose of entering to make necessary or agreed repairs...., or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors." Nothing is mentioned about the tenant not being able to be there at the time though.
If they have a lease with you, it will be transferred to the new owners and they will have to enforce that lease. You can only break the lease if they do not perform, i.e. late rent, noise, etc.
You can always give them an incentive to pack it up.
Residential Real Estate Agent · Grand Rapids, MI · Member since 2013 · 803 posts · 689 votes
10y
@John Doiloitte You cannot make them leave but just give them proper notice the inspector is coming. Sometimes tenants are present other times they are not.
Real Estate Agent · Buena Park, CA · Member since 2016 · 743 posts · 424 votes
10y
John,you can not order them off the premises but,you can encourage them to go out to lunch or do errands while the inspection is taking place.Give them a written notice on exactly when you will arrive and depart the property and suggest they find something else to do because the inspection will be hectic and disruptive to them.Offer them a gift card to Olive Garden or something to pay for lunch.
You likely have no legal authority to force them to leave their own home for the purpose of the buyer's inspection. Confirm how this matter is addressed/worded in your lease, but I doubt there is anything that says they must leave during an inspection or that it would be enforceable even if there was.
For example, under the "Entry" heading on my lease agreement, it states the following: "Tenant shall make Premises available to Landlord for the purpose of entering to make necessary or agreed repairs...., or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors." Nothing is mentioned about the tenant not being able to be there at the time though.
Yes, our lease is worded the same. 24 hours notice for entry, but no specific requirement for the tenant to leave.
Thanks for your input, everyone. I'll see if a gift card to Chili's will work.
Specialist · Kirkland, WA · Member since 2013 · 1k+ posts · 817 votes
10y
As a Home Inspector, we don't really care if someone is there or not, we just watch our language a little more closely! In all likely hood either the buyer or the buyers agent is going to be there with the inspector to hear the verbal report. Most inspectors won't do an inspection without a 3rd party to protect them from the liability questions above.
Also note that most standards say that home inspections are non-invasive so we aren't moving furniture, or tearing off dry-wall. We are climbing roofs, poking the walls, peering around corners, twisting knobs, crawling through attics and crawlspaces and taking an epic amount of pictures. I never mind if a tenant/owner is around I just talk a little less, and hold my thoughts till I'm in private with my client.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y
Consider scheduling inspection midweek - - tenants will (mostly) be at work.
"You are not required to be present but are always welcome. I will be present during the inspection to protect your belongings and to assure the doors are locked. Thank you for your consideration".