Renters Refuse Landlord's Access

Added May 30, 2007 by Ilyce R. Glink and Samuel J. Tamkin

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Summary: A rental property owner is ready to sell but the current tenants will not allow the landlord access to the home to show potential buyers. Many leases specifically allow a landlord access to a rental property to re-rent or sell it. Forcing tenants to give access to the rental property is a double-edged sword.

Q: I rented out my house last year. I gave the tenants a two-year rental agreement with a six-month option to purchase the property. I then extended the option for six more months.

The problem is that the tenants are unable to qualify for a mortgage. I informed them I was going to sell the house and I was going to start showing it. The tenants then told me that they will not allow anybody to look in the house and that if I tried to show it they would have me arrested for trespassing. What can I do to protect my interest and sell my home?

A: Take a look at your lease. Many leases specifically allow a landlord access to a home to show the premises either to re-rent or sell the property.

If your lease does not provide access to you to show the property, you will need to talk to a real estate attorney in your area to find out if local custom or law allows a landlord the right to access the home for those purposes. If local custom or law gives you that right, you might have to force the tenants to allow you to show the home.

However, forcing tenants to give you access is a double edge sword. You may get the access, but the house may show terribly. If the tenants keep a messy home, buyers may be turned off from buying the home or even dealing with the tenants.

Your best bet is to try to work with the tenants, their schedule and their concerns, to get them to give you access to the home from time to time when the place looks its best.

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