Showings for new tenants....is a tenant who is leaving, allowed to deny access for a week due to liability reasons? (apartment, lease agreement)

[bentlebee]

A tenant is stating she is not willing to have any one in the home for one wek due to moving out and boxes being every where.

Previous they have allowed showings, but never evenings or weekends...which already caused some people not being able to see the property but we managed to work around it...

The reason given is that the boxes can cause liability issues and and interfering with their moving out schedule...so far they never have been at home to show the home since they prefer not to be there and we have taken care of the dog and cat and even walked the dog who is there all day inside ...so the dog was released from holding up ....and since the dog jumps on every one we put the dog on the pation so potential tenants would be able to see the house. It shows very well, but I wonder if a tenant can refuse to let any one in for a week, specially when so many people are calling and are interested....

We already had applications filled out but they fell through due to not being able to show financial being able to afford it.

[ZugZub]

What does the lease say?

[bentlebee]

not reallyanything since it points to Florida law...
Section 83.53(2), F.S.
Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

The landlord may also enter at any time when:

The tenant has given consent;
In an emergency;
The tenant unreasonably withholds consent; and/or,
The tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
If the Landlord Does Not Comply

that is what the law is stating but doens' specify...........

[KonaKat]

or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

Here is your answer, our Lease has a similar quote from state law. While I know you're trying not to antagonize the tenant, they really cannot deny access to you with proper notice. We try to give even more notice, group showings of several applicants at the same time, etc to minimize their inconvenience. I would remind them, in writing, of that clause in the lease citing page and item number "just in case you don't have a copy of your lease handy".

[sheriwx]

Legally, I suppose you could force her, but for one week, I wouldn't want the hassle or the hard feelings that would result in enforcing it. To me, this would be a time to step up and acknowledge what a hassle it is to move, and how stressed out she must be, and let the poor girl have her week.

On the other hand, maybe you are so desperate to sell right away that you can't afford to let her have a week of peace. (Let's not discount how stressful it is for you! Trying to sell in this economy is no happy dance.) I don't know the circumstances, but I don't think anyone would fault you for putting up a stink and forcing her to let you show it.

[bentlebee]

Originally Posted by sheriwx

Legally, I suppose you could force her, but for one week, I wouldn't want the hassle or the hard feelings that would result in enforcing it. To me, this would be a time to step up and acknowledge what a hassle it is to move, and how stressed out she must be, and let the poor girl have her week.

On the other hand, maybe you are so desperate to sell right away that you can't afford to let her have a week of peace. (Let's not discount how stressful it is for you! Trying to sell in this economy is no happy dance.) I don't know the circumstances, but I don't think anyone would fault you for putting up a stink and forcing her to let you show it.

I'm not selling...renting...the tenant has a boyfriend who is trying to do a short sale (scam...basically since he has a very good income but doesn't like the mortgage amount since he over payed and wants to get rid of it...he is jealous of us since he paid $ 80 K more for the same property as we did) and he is the one calling the shots...we never get to deal with her although the lease is only in her name...

[tilli]

Legally, you have the right to show the property with appropriate notice as laid out in the lease agreement, so if you wanted to push it, the tenant really can't refuse.

However, the tenant makes some good points about the hassle of moving and the liability issues. As a tenant I would be worried about theft of my neatly packaged belongings. I'm sure you take steps to prevent that, but it would worry me just the same. Who would be responsible if someone trips over a box and injures themselves?

So, I think you should just let her have the week for a few reasons. First is just simple good will. Moving is a pain, and assuming that she has been a reasonably good tenant it would be a nice gesture on your part and could result in future referrals. She might be more inclined to leave the place in better condition if you give her a little slack. The second reason is because I think the property will show better without the tenant's stuff all over the place and give you a chance to get it nice and clean for prospective tenants, remove any lingering smells, etc. As a prospective tenant, I feel uncomfortable walking through a space full of the current tenant's possessions. I feel like an invader and it is harder to picture the space with my stuff in it. The third reason is that I don't think you want to PO a tenant on her way out. Many people are just vengeful and could retaliate by damaging the property in ways which could cost you more than just a week of rent, and necessitate expensive and stressful legal action. Blech.

[Naptowner]

I'm often on the tenant's side, but the tenant is clearly out of line. Your duty is to give notice, not ask permission. The tenant is moving. In a week she'll be gone for good. This is not a friendship, this is a business relationship that will be over in a week no matter how nice you are or how much 'goodwill' you build up, and your tenant is interfering with your ability to lease the property. Give the notice and show the apartment. Keep an eye on people when you're showing it to make sure the tenant's stuff is not disturbed.

[bentlebee]

Thanks for all your responses. I always think of renting as a business deal and although she was very friendly and her boy friend introduced her to us and mainly everything went through him, we always kept our distance. We were invited many times, but we never mix this kind of business with our private stuff. We know that there would come an end to this lease and a year ago we didn't quit understand why they didn't move in together. Now they are moving in together with pets, kids into a bigger home and he has to sell in a down market and thinks the bank will forgive him 60% on his mortgage and let him walk away without a judgment while he didn't loose his job or any income...just because he wants to move....there was 1 bank owned completely distroyed property that was sold for that amount and his is one of the most upgraded properties and he paid the most money for it....the bank is not crazy.

For all the showings so far they didn't need to anything...I walked their dog, put him on the patio and when the showing was over the dog was in the same spot and all things as it was. There were already a lot of boxes in the garage and some in the home, nothing to be bothered about and we are insured for accidents on our property....

IMO some tenants like to give a s much trouble when they leave and than start complaining when the security deposit isn't 100% returned. I had tenants giving all the help they could and never was there any issue...if these people want to give me a hard time, so can I...I already noticed 2 small bumps in the drywall, which i was thinking of repairing mys elf and not charging...but if they don't allow me to show it anymore...than I will distract that from the sec. deposit and will look very careful for other things...I'm not there to scam them but now I will, play by the rules and not being forgiving as we had planned...if they don't play by the rules!

[ShaneSA]

Play be the rules. it does no good to try to be friendly or forgiving when it comes to tenants. You have the right to give notice of a showing, not get permission. Let it go for a week. Sounds like it will rent right away. When it is empty, it will show better, clean and ready. Look at the positives and let her go for a week.