Tenant won't let me show my property

[Erik Gundersen]

Hello community! 

I'm in the process of selling my duplex in San Jose CA and I have one tenant that is cooperating and one that is not.  He's nearly refused all showings and is not being communicative. Any advice on how I should handle this?  So far my realtor has been corresponding with him and I'm reluctant at this point as I don't want to hit the hornets nest with a short stick. 

My thoughts are to call and simply see where he's at.  I'm concerned that he could really make this difficult on the sale and would like to know what my rights are being that CA is not a landlord friendly state. 

Thanks! 

[Patricia Steiner]

This is what happens when the landlord doesn't know state law...so here it is:

"The landlord can show the apartment to prospective tenants while it is tenant occupied.  A tenant cannot flatly refuse. California law states that a landlord can enter a rental unit to show the rental unit to prospective tenants, purchasers..."  

Here's another:  "Tenants must accommodate reasonable requests to show the unit to prospective tenants for re-rent or to prospective purchasers when the property is for sale."

The sources:  a quick internet search via Google gives you no less than "13,500,000" of the same (according to Google).  My recommendation is this:

1.  Share the California Landlord/Tenant Law on showings with the agent and let the agent know that his refusal is illegal.  Ask the agent to post a notice on his door - in an envelope - advising that he will be given 24 hours advanced notice going forward and that his cooperation is required by California Law.  (Shame on the agent for not knowing this...).

2.  Call the tenant and let him know that all showings will be accompanied by the agent and that he will have advance  notice - but he will be expected to comply with California Landlord/Tenant Law.  

When you don't know your lease and the law, you give away your power and created needless chaos.