Tenant does not want to allow showing apt before lease ends ?

Question

Hi all,

Tenant gave written notice and has been a good tenant but now I have requested to show the property on Sat 2-4pm  (more than 24 hrs notice ) and now I'm told they don't feel comfortable allowing strangers into the apt until after they leave. ( no wording in the lease on this ).

What are the rules here in California ?
How to talk with tenant to cooperate ?

Need advice on this one.

http://www.dca.ca.gov/publications/landlordbook/living-in.shtml#whencanlandlordenter

WHEN CAN THE LANDLORD ENTER THE RENTAL UNIT?
...
Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone
...

Thanks, Richard C

Jon Holdman · Answer

My help will be unhelpful.  Your lease should address this.  Mine says:

I don't know what CA law says and the best way for you to be sure is to speak with your lawyer.  But an hour or two in the afternoon certainly seems reasonable.

Tell them they can be there is they wish when you're showing it, but that its your property and you are within your rights to show it (assuming that's the case.)

Cheryl C. · Answer

My leases provide a provision that I can show a property to prospective tenants 60 days prior to lease end.  This includes placement of a sign and a lockbox.  No tenants are happy about this when the time comes and I usually have to refer them to the lease clause.  On a few occasions I have had to advise them that they will lose their security deposit if they fail to cooperate.

I don't know CA law, but your lease seems to allow access.  I use a standard Board of Realtors Lease.

Whether I actually think showing a place while the tenant is occupying is a good idea depends on the tenant (how does the place show, am I planning upgrades that will increase rent, etc.)

Silvio Brigliadoro · Answer

Richard, Best of luck showing the place and hope you find your next best tenants. My lease addendum was originally 1 paragraph and it is now 2 pages long and I think it is the most important part of my lease, I typically add or change parts after I experience a new situation. In my experience most tenants are rational and those few that are not, are not worth the stress, I move on and try to pick better tenants next time.  Just my 2 cents.

Richard Chang · Answer

Thanks to all the BP help here !

Yeah, after an email exchange, the issue is resolved for now. They were having friends over … I was surprised  :cry: by their initial push back !

Ive summarized the responses below:

@Silvio B
Why are they moving ?

Good question. But I haven’t been able to speak with them directly and have been doing the email thing. They did say they were very happy but need to move ( not disgruntled and combative ).

@Jon Holdman
Lease Clause: Access. Landlord has the right of access to the leased Property during reasonable hours to inspect the property or, at reasonable times, to show property to a prospective tenant, purchaser or mortgagee.
I don't know what CA law says and the best way for you to be sure is to speak with your lawyer.

Yes, I will need to add this to the next lease and have them initial it ! But, I don’t think I need a lawyer for this.

@Cheryl C
Lease Clause: Show a property to prospective tenants 60 days prior to lease end. This includes placement of a sign and a lockbox. 
Failure to cooperate can cause forfeit of security deposit ( whoa ? )

@T Ferrante
… Why not simply wait to show the unit until the tenant moves out. You can request to come by and take pictures of the unit so you can begin to market it ...

Ugh, waiting for the tenant to move out will mean losing an entire months rent. I do have pictures of the inside and posted them on Craigslist.

@Chris Colvard
provision in your lease that allows showing upon notice to vacate. At one time I required a specific notice to vacate form that must be used to allow this to happen

So, the tenant had to send in the form that had the show property provision on it ?

@George P
…In my lease one of the stipulation to have the Security Deposit returned is cooperating with the LandLord to show the house prior to the tenant moving out. ..

Good stuff, wonder if that is legal in CA.

Thanks, Richard C

George P. · Answer

In my lease one of the stipulation to have the SD returned is cooperating with the LL to show the house prior to the tenant moving out.

Chris Colvard · Answer

Jon is right!

Always have a provision in your lease that allows showing upon notice to vacate.  At one time I required a specific notice to vacate form that must be used to allow this to happen.

Teresa F. · Answer

Hi Richard --  I'm going to take a different view.  This is a good tenant, your lease doesn't address this, and while it what you're asking is reasonable.  Why not simply wait to show the unit until the tenant moves out.  You can request to come by and take pictures of the unit so you can begin to market it.  Taking pictures gives you an opportunity to talk with the tenant and perhaps they will change their mind.  Having a tenant who is feeling "forced" to show their unit to interested people may say things that aren't helpful when talking to people during the showing.

Teresa

Silvio Brigliadoro · Answer

Richard, Why are they moving? There is another reason they are not cooperating with you. You can consider discussing some kind of credit @ move out for their cooperation...California law allows for notice then entry, but I wouldn't force entry except when there is a true emergency.

Richard Chang · Answer

Hi again,

Was hoping to get a little help here before discussing with the tenant.

I understand the tenant does NOT like to have people looking at all their possessions and might be afraid of petty theft ?

Of course, they can be present if they like.

Any other things that can be said to deal with the resistance ?

Saturday afternoon for a few hrs once a week seems reasonable ?

Thanks, Richard C

Tenant does not want to allow showing apt before lease ends ?

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