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tenant refusing entry for appraisal!

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  • Posts 6
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Ben F.
from Oakland, CA

posted about 2 months ago

I own a fourplex in Oakland, my only property. FINALLY got a refi approved that will save me hundreds per month and extend my loan to 30 yrs vs 10 year arm. Times are hard enough with rents down and utilities up, but now my vindictive long time tenant is refusing entry for the appraisal. He's always been reluctant to let me in for necessary repairs. Recently he asked for a parking spot that's reserved for another unit. I had to turn him down politely. He refused entry for an appraisal and now he won't return calls or emails knowing I have no recourse until the emergency is over. I've offered incentives (cash, temp use of parking spot, etc) but no response. Lawyers, landlord association, even a city councilman tells me I'm SOL. I've always bent over backwards for this tenant even though his rent is so low it's insulting. If you can figure out a way to legally get my appraiser in that door next week I'll give you a thousand bucks, seriously. I'd give it to the tenant but he's not responding. Can you believe this nonsense? THANKS, CITY OF OAKLAND!

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Aaron Moayed
Real Estate Broker from Sacramento, CA

replied about 2 months ago

There is nothing you can do right now with COVID if a tenant is refusing to let you in, but it sounds like he’s just not responding. Have you gone over there in person. Maybe bring a hundred dollar bill, then have an agreement for signature that states you will cut him a check payable in 10 days upon his allowing you to enter for appraisal? Make sure you take extreme precautions with CAR Covid form signature if your grant entry ‘cause they may be litigious/try to get Covid and sue if you don’t do thing properly lol

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  • Posts 38
  • Votes 19

Yaohua Li
Investor from SF Bay Area, CA

replied about 2 months ago

Does your lease have any clause for landlord entry? If so, maybe you can say this is a (light) breach of contract? I am not sure if that can be used to not renew the lease (at a later time when COVID is over).

Long-term, I guess you may want to replace this tenant with a better one if possible? Doesn't seem like the most desirable tenant. Oakland only allows 2.7% rent increase for 2020 so I guess raising rent can't drive this person away. But "breach of contract" might be enough for not renewing lease.

If they are determined to not let you in, I guess you don't have any immediate recourse. But you can see if there's any longer-term recourse.

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Aaron Moayed
Real Estate Broker from Sacramento, CA

replied about 2 months ago
Originally posted by @Yaohua Li :

Does your lease have any clause for landlord entry? If so, maybe you can say this is a (light) breach of contract? I am not sure if that can be used to not renew the lease (at a later time when COVID is over).

Long-term, I guess you may want to replace this tenant with a better one if possible? Doesn't seem like the most desirable tenant. Oakland only allows 2.7% rent increase for 2020 so I guess raising rent can't drive this person away. But "breach of contract" might be enough for not renewing lease.

If they are determined to not let you in, I guess you don't have any immediate recourse. But you can see if there's any longer-term recourse.

 He cannot say that. If the tenant doesn’t want him to enter, he cannot do anything about it.

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  • Posts 176
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Aaron Moayed
Real Estate Broker from Sacramento, CA

replied about 2 months ago
Originally posted by @Ben F. :

I own a fourplex in Oakland, my only property. FINALLY got a refi approved that will save me hundreds per month and extend my loan to 30 yrs vs 10 year arm. Times are hard enough with rents down and utilities up, but now my vindictive long time tenant is refusing entry for the appraisal. He's always been reluctant to let me in for necessary repairs. Recently he asked for a parking spot that's reserved for another unit. I had to turn him down politely. He refused entry for an appraisal and now he won't return calls or emails knowing I have no recourse until the emergency is over. I've offered incentives (cash, temp use of parking spot, etc) but no response. Lawyers, landlord association, even a city councilman tells me I'm SOL. I've always bent over backwards for this tenant even though his rent is so low it's insulting. If you can figure out a way to legally get my appraiser in that door next week I'll give you a thousand bucks, seriously. I'd give it to the tenant but he's not responding. Can you believe this nonsense? THANKS, CITY OF OAKLAND!

 Personal message sent for another idea.

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Brian Garlington
Realtor from Oakland CA

replied about 2 months ago

You really can't do anything right now on that one. 

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  • Posts 38
  • Votes 15

David Lao
Realtor from Oakland, CA

replied about 2 months ago

What about offering something like upgrading a vanity, installing a new faucet, or installing a new countertop if he allows the appraiser to go in? It might also offer you an opportunity to check for leaks, pests, and fire hazards. I think it is better than offering $1000 cash, a month of free rent, or spending money on legal services. You might need to wait for him at the door if he's not responding to your calls and messages.

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  • Votes 1

Chris Graham
from Newark, California

replied about 2 months ago

Sounds like he need a welfare check if he’s not responding to you. 

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Calvin Kwan
from Oakland, California

replied about 2 months ago
Originally posted by @Aaron Moayed :
Originally posted by @Yaohua Li:

Does your lease have any clause for landlord entry? If so, maybe you can say this is a (light) breach of contract? I am not sure if that can be used to not renew the lease (at a later time when COVID is over).

Long-term, I guess you may want to replace this tenant with a better one if possible? Doesn't seem like the most desirable tenant. Oakland only allows 2.7% rent increase for 2020 so I guess raising rent can't drive this person away. But "breach of contract" might be enough for not renewing lease.

If they are determined to not let you in, I guess you don't have any immediate recourse. But you can see if there's any longer-term recourse.

 He cannot say that. If the tenant doesn’t want him to enter, he cannot do anything about it.


 Assuming there is a lease with an ‘entry’ clause and not during COVID, why wouldn’t this be effective?  The tenant would be violating the terms and would be subject to eviction. 

Easier said than done in Oakland, but it’s a start?  

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Aaron Moayed
Real Estate Broker from Sacramento, CA

replied about 2 months ago

@Calvin Kwan

He could if it wasn’t during Covid, but it is during Covid. O_o

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David S.
Investor from Bay Area, California

replied about 2 months ago

I have some lenders say appraisers do not have to inspect all units in the building, sometimes only the vacant ones...Have you discussed your issue with your lender?

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Russell Brazil (Moderator) -
Real Estate Agent from Washington, D.C.

replied about 2 months ago

Uhm, I got news for you...this is not a City of Oakland problem. It is a national problem. 

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Dan Travieso
Investor from Fayetteville, NC

replied about 2 months ago

Sounds like it may not be worth renewing the lease with that tenant whenever it expires.

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Joe Bertolino
Developer from El Dorado Hills, CA

replied about 1 month ago

Assuming you have an entry clause...  24 hour notice during normal business hours and I will be there with a locksmith.  That usually gets cooperation.  You have the right to to show the unit to mortgagees.  You cannot push your way in just to inspect but you can 

  1. To conduct necessary or agreed upon repairs;
  2. To show the unit to mortgagees;
  3. To show the unit to workers or contractors;
  4. To show the unit to prospective tenants or purchasers; or
  5. For a pre-move out walk-through to evaluate damage at the tenant’s request. Cal. Civ. Code § 1954.

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    • Posts 6
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    Ben F.
    from Oakland, CA

    replied about 1 month ago

    Update: Thanks for all of your replies. Things are a bit different in Alameda County and Oakland. Even though owner has the right to entry for various purposes, there is currently no recourse for refusal to entry due to the eviction moratorium. I'm happy to say that ultimately my tenant allowed entry this time without requiring a bribe.

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    • Posts 1
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    Derrick Branch
    Property Manager from Concord, CA

    replied 17 days ago

    @Ben F. You need to check the COVID parameters for Alameda County and Oakland. In Contra Costa County a tenant may be evicted for breach of rental agreement/lease. You'll have to look at the ordinance to see what the law makers in your area say in their ordinance. The news stations and a lot of online sites interpret certain parts of the ordinance and say nothing about other parts. Do some research.

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    Ty Johnson

    replied 18 days ago

    @Ben F.

    Do you think it could work to offer them $500 to let the appraiser in? Especially if you are going to save way more from the refi? Might be worth it.

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