Landlords Right of Entry

11 Replies

Hi All,

To make a long story short, I have a new tenant that needs some measurements in one of my homes that she will be moving into soon.  I gave the current tenant a written notice that I will need to enter the premise with the future tenant and she is telling me "no, this is an invasion of her privacy."  I do not have anything specific in my lease on the topic (which I am changing for the future) but I had read somewhere that the landlords could do so with written advance notice.  

Some other background on the situation...

Michigan residence

* Current tenants lease was up on Oct. 7th and she is still not out because she is waiting on her new place, even though she told me she would be out the middle of Sept. (which is why I now have an upset new tenant)

*I was trying to be proactive and get a good tenant lined up, which I did but she needed to be in by Oct. 1st because her house sold. (mistake on my part, should have waited until the current tenant is out.)

*Now I am caught in the middle of 2 stressed out people and trying to accommodate both parties.  I did not want to start legal action on the current tenant because she has been great, and assures me she will be out on Saturday. 

My Questions is:

Am I within my rights to show the property?

Is it worth the risk?

Any recommendations...

So did you give written permission for current tenant to extend stay.. has she paid any rent for same period.. IF NOT>. Give her immediate notice to vacate, you will file eviction action on Monday if she's not out. and YOU have no gaurantee she will leave .. it's happened before and she's got you over a barrel.. your doing nothing 

Incoming tenant.. your going to lose her if you don't provide her housing.. so get your act together.

As far as entry.. you don't have to give tenant reason of entry.. just notice.. 24 hours written posted on entry door.. if you have someone with so be it.. tenant doesn't need to know your business... As far as tenant letting you in that's another situation. she could hold fast and not let you enter,, she could put door chain on.. or simply not be around and no issue..

I don't think you have a good situation, your going to need to push the envelope on this one and download you state landlord tenant laws so your prepared for eviction action. 

More than likely current tenant doesn't want you in to see she's not packed a thing. !!

Um, maybe you can tie it into something useful to the tenant like a pre move out inspection to ensure they get the most of their security deposit back?

But apperently this is a difficult question to answer in your state:

  • Entry Allowed with Notice for Showings: No statute
  • Required Notice before Entry: No statute
  • Notice of Date/Time of Move-Out Inspection: Notice not required, but landlord must complete the move-out checklist at the end of the tenancy and list all damages claimed to have been caused by the tenant. (§§ 554.608)

https://www.landlordology.com/michigan-landlord-tenant-laws/

Unfortunately, you can't keep everyone happy. And even someone who's been a good tenant can quickly turn bad. They'll say you should treat them better because they've been such a good tenant....as if you owe them. This comes down to knowing your legal rights.

But also, in my opinion, this comes down to not renting out a unit that is still occupied. It always sets you up for trouble. When you rent out a unit that hasn't been vacated, you can experience the following:

  • *The exact situation you have now.
  • *The tenant ends up not moving out by the end of their lease.
  • *The tenant moves out, but you find the unit needs much more repair and/or cleaning than you thought and now it won't be ready in time for the new tenant
  • *Among other situations, I'm sure.

Market your upcoming units as "coming soon" to start gaining interest if that makes you feel better. But really, just wait until it is vacant and fully repaired and cleaned to put on the market. Some time of vacancy is part of the business and should be expected.

Thanks for the input.. To answer a few of the questions.

Yes we have a written extension to the 15th which she has paid until.  And I have offered my new tenant one of my vacant units in the interim.  I could not find anything specif in my state landlord/tenant laws on Entry Rights.. Doesn't mean its not there, maybe just missing it.  

Thanks!

Nicole, Thanks and lesson learned!

@Robert Shadley

You need to download your states tenant - landlord laws.  Review and print them out. 

After gathering the information, I am going to move forward with the following game plan.

Notice has already been posted for 4 pm on Thursday.

I am giving the tenant my reasonable cause for entry is:

To conduct a preliminary move out inspection to get any repairs or cleaning lined up for quick turnaround.

For me to get measurements of rooms for incoming tenant.

Originally posted by @Robert Shadley :

Thanks for the input.. To answer a few of the questions.

Yes we have a written extension to the 15th which she has paid until.  And I have offered my new tenant one of my vacant units in the interim.  I could not find anything specif in my state landlord/tenant laws on Entry Rights.. Doesn't mean its not there, maybe just missing it.  

Thanks!

 it's not there, first thing I googled haha.

In Michigan, you cannot enter a premises without the permission of the tenant other than in an emergency. If you have a clause in your lease that is supposed to allow you enter for repairs, showings, etc. and the tenant does not allow you in, you have to start the eviction process to get possession due to a lease violation.  You can never force your way in...even in an emergency.  In those cases, you'd want back up with local police or fire department.

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