Sellers Tips
Your Selling or Renting and the Tenant is Denying Access


How many times have we found ourselves trying to sell a building and we are confronted with a tenant who does not cooperate.

The tenant does not want to let you in. You know you have the right to show but want to be sure that you do this exactly according to procedure. The tenant is already unhappy about having to move and you dont want to be be sued and besides your priority is to show it not have a legal fight.

The best approach in any potential dispute is to talk it out. There may be circumstances in your tenants life that you could accommodate and avoid a fight. Try to sit down and find out why or what you can do in a compromise that would allow you to show and accommodate the tenant. Going to war is always the last thing you do. Good communications (in writing) and some understanding as to how disruptive to the tenants life along with a working knowledge of proper procedure should minimize friction.

What is Proper Procedure?

OK, you've tried to be nice and still you are dealing with a rude and uncooperative tenant. Here is where you must proceed according to law so that you avoid a legal argument. Now you have to assume the tenant would love you be slip up. You should talk to your real estate attorney, property manager or apartment association and follow the rules exactly and always document! All conversation should be in writing and if its really heating up use certified mail, that will put the tenant on notice that you are serious and ready to apply the law.

First you must give proper notice.
  • Do this in writing and give the approximate time, date and reason for your visit.
  • Hand deliver at least 24 hours before you intend to show the unit.
  • Your showings should be during business hours, whenever possible. This will leave the tenant little reason to complain its too late.
  • If you intend to mail, give them one week's notice and send it certified if you have a problem tenant. You should check with local law to see how much notice you need when notifying by mail.
Now you are within your rights to enter. However, never force your way in and don't argue if they still wont allow entry. The law is on your side so don't do anything silly like changing locks or getting angry. Try one more time to see if you can make suitable arrangements such as best times for entry or how many showings per week is reasonable. Its possible to negotiate a reasonable schedule with the tenant to avoid fiction. If its still a problem send a certified letter indicating that the law allows you to show and that you have  may take legal action. You can terminate a lease if a tenant does not allow a lawful entry. Please consult with an attorney before taking any legal action.

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