Hi, welcome to another tips for landlords and property managers video sponsored by Fast Evict.com Law Group. On today’s episode, we’re going to go over tips you could consider when a tenant refuses to allow viewings for potential tenants and or buyers. Please remember, the contents of this video shouldn’t be considered legal advice.
Tenant’s Rights
The first thing we’ll go over is respecting tenant’s rights. When the tenant signs a rental agreement, the tenants are entitled to exclusive possession of the rental premises, including the landlord, until they give up possession or the lease expires, except under specific circumstances.
What does this mean?
This means that the tenant has a right to refuse entry to their home for “unreasonable” reasons.
Reasonable and legal reasons to enter a tenant’s home
Under the category of reasonable and legal reasons to enter your rental property, we have two different situations. The first is whether or not the reason merits written notice to your tenant
When can a landlord enter a tenant’s home without written notice?
If there’s an emergency that requires the landlord or emergency personnel to enter such as a fire, flood, collapsed roof, etc.
If the landlord has a court order.
If there is suspicion of abandonment or surrendering of the property.
If the tenant allows the landlord to do so.
When can a landlord enter a tenant’s home with a written notice?
The landlord may enter a tenant’s home during normal business hours when they have provided written notice, usually 24 hours beforehand, to:
Carry out agreed upon repairs of the rental property.
To show the rental unit to potential tenants or buyers.
To allow contractors or maintenance personnel assess damages/repairs to be made.
To conduct a pre-move out inspection.
As mentioned in the previous slide, it’s important to give the tenant “reasonable” notice that the landlord plans on entering the rental unit. This is usually 24 hours and the entrance should be planned during normal business hours.
The written notice must be personally delivered to the tenant, left with a suitable adult, or posted on the door in an easily discoverable location. The notice can also be mailed, but must be postmarked 6 days prior to the intended entry date.
Showing the rental to prospective tenants or buyers
By law, the landlord has the right to show the rental unit to prospective tenants or buyers. The landlord must first provide the tenant with a written notice stating they plan to enter the tenant’s home for the purpose of showing the unit to potential tenants or buyers. For the next 120 days, the landlord must provide a 24 hour notice to enter for each viewing.
The landlord is responsible for communicating with the tenant either via traditional written notice, text or phone call for the viewings. Although the tenant must accommodate reasonable requests to allow the unit to be shown, the landlord does not have the right to force the tenant to unreasonable and excessive viewings.
After each showing, the landlord must leave written evidence in the unit stating that they entered.
A simple way to get your tenant on board with viewings is to provide incentives, such as
Gift cards
Rent deductions
Paying a utility bill, etc
Can a tenant refuse entrance to the rental property?
A tenant cannot refuse entrance to the rental property when and if the landlord has a reasonable reason to enter the rental property.
The landlord has the right to enter their rental unit to inspect specific areas that warrant habitability such as plumbing, common mold areas, water heaters, smoke alarms, etc. A “general” inspection is not specific enough.
At the end of the day, the easiest way to get your tenant on board with allowing you to enter the property is to have a great relationship and provide adequate communication with your tenant.
Have you had issues entering your rental unit for inspections or repairs? Let us know about it in the comments! Please like, share and subscribe if you have found this video useful. Thanks for watching, we’ll see you on the next one.
25 июл 2024
