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NA Jordan
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Posting listing without tenant consent

NA Jordan
Posted Mar 18 2023, 11:41

I have a rental property in Dover NH. My tenant just told me she may need to end her lease because she does not have the means to pay it. She is not positive if funds will come through. She told me if she cannot she will move out the first of the month. I just asked for her permission to post it, but she said no. Is it in my legal realm to advertise it, but not show it until I have permission???

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Danny Polanski
  • Chicago, Il
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Danny Polanski
  • Chicago, Il
Replied Mar 18 2023, 12:33

I don't post my apartments for rent until they are available for rent. You will need updated pics and will want to schedule showings (which is easier when empty). 

But, its your property and you dont need a tenants permission to list it. Check your lease and see what it says. Typically, the tenant will be responsible for the rent until it gets re-rented and there is probably a penalty for her breaking the lease early. 

It would be in her best interest to help you get it rented asap if she is not able to afford it. 

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Patrick McCann
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  • New Hampshire
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Patrick McCann
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  • New Hampshire
Replied Mar 18 2023, 13:42

Hi, I also own a rental property in Dover NH. In my lease it states that I have the right to show the apartment if they’re moving out, for refinance appraisals etc. I’d check the wording on your lease

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Andrew Bosco
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  • New Hampshire & Maine
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Andrew Bosco
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  • Rental Property Investor
  • New Hampshire & Maine
Replied Mar 28 2023, 06:54

This all comes back to your contract with your tenant. Check your wording as others have indicated. Otherwise, respect their privacy and your establishment. 

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Paul De Luca
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Paul De Luca
  • Real Estate Agent
  • Chicago, IL
Replied Mar 28 2023, 07:06
Quote from @NA Jordan:

I have a rental property in Dover NH. My tenant just told me she may need to end her lease because she does not have the means to pay it. She is not positive if funds will come through. She told me if she cannot she will move out the first of the month. I just asked for her permission to post it, but she said no. Is it in my legal realm to advertise it, but not show it until I have permission???


 Your lease should have a clause related to this and if so you should follow that. Most of the leases I have seen do have a clause related to showing the apartment given sufficient notice to the tenant. If your tenant refuses to cooperate with the showings though it may be best to not push it too hard and just focus on getting her out as soon as possible. You'll be able to market and show the unit more easily once she's gone.

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Max Ferguson
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  • Colorado Springs, CO
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Max Ferguson
  • Real Estate Agent
  • Colorado Springs, CO
Replied Mar 28 2023, 07:53

Tough call, sounds like something is going on with her though. Pretty entitled to be thinking that way when you can't afford a place. Like others have said, if this is the tenant's thinking, may be just don't mess with it till she's out. If I wasn't able to pay my rent I would happily have my landlord show the property as it shows I can help them out as well. The landlord may charge me less or even no backrent. Sounds like something fishy is going on and she wants you to bow to her will and "wait" to see if funds clear. She gets the best of both world in this scenario, bully tactic if you ask me. May be I misintrepeted though. 

Keep us updated and good luck!

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