Tenant stalling on rental inspection before lease renewal

Nashville, TN · Member since 2017 · 14 posts · 5 votes

If your tenant has notified you that they would like to remain in the property for another year and you have agreed that they stay via email a little more than 30 days before lease expiration, but when you ask when is a good time to do a maintenance inspection (before signing the lease), they stall and take a while to get back with you.

Also, lets say this inspection finally happens just 2 weeks prior to their lease expiring and I find they have not taken care of the home and do not want to renew the lease because of that.

Would I need to give them an extra 30 days from making that determination, despite the fact that they stalled the inspection and allowed it within the 30 days notice one should give?

I appreciate any clarification that may help me move forward if this happens. Thanks

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Lynn McGeein

Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes

How can they stall on the inspection? You, as landlord, have a right to enter the property with proper notice. My lease says I will give 48 hours' notice for entry unless it is an emergency, they agree to earlier time, or they ask for a repair, which negates the need for notice. So you simply give notice and do your inspection, preferably before you offer them any renewal.

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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
9y
How can they stall on the inspection? You, as landlord, have a right to enter the property with proper notice. My lease says I will give 48 hours' notice for entry unless it is an emergency, they agree to earlier time, or they ask for a repair, which negates the need for notice. So you simply give notice and do your inspection, preferably before you offer them any renewal.
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Jay Mayer
OP
Nashville, TN · Member since 2017 · 14 posts · 5 votes
9y
Hi Lynn, my lease states that an inspection should be during reasonable hours and with tenant's consent, which shall not be unreasonably withheld, but it mentions no specific hrs like yours that gives them 48 hrs.
I asked for a convenient time and day last Wednesday, so it is not that bad, but I am more concerned about what to do now that I agreed to an extension without seeing the property first, but I am sure since I haven't signed a lease yet, that I can just withdraw my offer to extend it based on the inspection (if it comest to that). Am I right?
Also whether I need to give them 30 days from the date I tell them they need to move even though it may fall out of their lease terms. In that case, should I give them 30 days and charge them for the extra days if it happens this way?
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Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
9y
Yep, like @Lynn McGeein said. Don't ask - tell them when you're coming over. Just make sure to give proper notice.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
When you renew put them on a M2M lease. You do not want tenants on a term lease especially ones that have proven to be difficult.
M2M is the solution to all landlord tenant problems.
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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y
@Jay Mayer One way I address the issue, is to put this language in my renewal letter:
This offer to renew may be withdrawn at any time and for any reason by management prior to resident(s) written acceptance of this offer and management fully executing a lease renewal or new lease.
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