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mzzzjd | Landlord question? |
Due to financial hardship, I am having to sell a rental property I have in CA. The tenants did sign a year lease agreement in May. I am trying to work with them in every way possible. They have been very uncooperative, and will not allow the realator to place a lock box. They avoid the realator, when she calls to ask to show the house. I really do need to sell this house. Can I place a lockbox on the house without their permission? I did have a person who was interested in buying the house today and had agreed to have them remain in the house until their lease runs out, but they would not respond to the realators call. Am I totally out of luck because we have the year lease? Do I have any other options? |
 |
 
Patrick
|
You need to provide notice to your tenants to allow for viewings. The tenants have to cooperate with the viewings in a reasonable manner.
Reasonable manner is the key here. You can't schedule 8 different viewings for all day Monday then do the same for Tuesday and Wednesday. try to group the showings together and keep it to a time when the tenants will be there. If the tenants can't be there you should be there to keep an eye on their belongings.
I can understand them not wanting to have a lockbox on the property. This would be allowing strangers total access to their home at any time to come and go as they please. This is NOT recommended. I can easily see the tenants suing you for their stolen jewelry that disappeared while the lockbox was on the property....and yes, you would be responsible because you allowed the lockbox to be placed on the property.
If the tenants do not cooperate with the you can file for an eviction but that will take 60 days or so to go through the courts. CA is a VERY tenant friendly state.
One last thing, whoever buys the property has to accept the tenants and the lease. When they buy the house they are buying the lease too. Everyone has to agree to allow them to stay in the house in CA. The lease comes with the property. You will be limited to investors who want a rental. Your one option out of this would be to pay the tenants to move out then you could sell the property without the lease.
Good Luck! |
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Landlord
|
They can not deny access and you can evict based on the refusal.
You can put a lockbox on, it is your house. |
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sux_2b_ewe
 |
As long as you give proper notice of your intent to sell the place, which you have, then you have the right to show the place to interested prospects. If every attempt is made to reasonably accommodate your tenants' schedules, then that is all which is required of you. If your tenants refuse to try to reasonable accommodate you, then they are in violation and you can enter their premises without their permission but with your notice alone. |
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theHoundDawg
 |
On reasonable notice, a lessor in the State of California has an absolute right to show the subject premises to potential purchasers:
California Civil Code, Section 1954:
"(a) A landlord may enter the dwelling unit only in the following cases:
...
(2) To make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
..."
The tenants' refusal to allow you entry for this purpose would be a breach of their lease agreement, regardless of whether or not any such right is spelled out in the lease itself. Such a refusal and breach are sufficient grounds for termination of the lease and eviction of the tenants.
You should consult an attorney who specializes in Landlord-Tenant law.
Contrary to what others here have said,
1) The police will not become involved in this type of a matter, it is a civil matter and not criminal;
2) A lease protects both parties, meaning you only have a right to terminate it for cause, and many residential rental properties in California are subject to local rent control ordinances, which impose yet additional requirements for eviction;
3) If the tenants do not cooperate and follow the law, they are at fault and you are exercising your right to terminate the lease, and you may not have to return all or even part of the security deposit, depending on whether or not they are paid up as to rental payments and whether or not they damaged the premises;
4) Tenants merely changing the lock themselves would not in and of itself give you the right to evict them. |
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missems777
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Its your property. You may need to evict the tenants for being uncooperative, but Im not sure on the laws in CA. Contact an expert |
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lee h
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in my state i can tape a letter to the door give 48 hour notice and do not need permission |
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LADY AT THE LAKE
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READ, READ--if you have a standard rental agreement you have the right to enter their unit if you give them a written 24 hour notice. If they change the lock without your permission they are in violation and you can evict them. |
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Cribber
 |
Your tenants don't own the property, lease or no. Because you are breaking the lease, you have to return their security deposit, but they can't do what they are doing. You need to see an attorney. People sell leased houses all the time. |
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nojam75
 |
We had a similar situation with a rental we were managing for a owner who needed to sell. Yes, you have the right to access your property, but the tenants have the right to schedule the viewings. They are paying to have a home without needless intrusions. Wouldn't you want to be present before some real estate agent brought strangers into your home?
Giving real estate agents lockbox access to a tenant's rental is a bad idea. Real estate agents are notoriously aggressive and will have no problem violating landlord tenant laws just for a potential sale. Ultimately, you're liable and can be sued by the tenants for your agents' illegal entry.
Yes, you can hire a lawyer to threaten your tenants, but if you're in financial hardship, you probably can't afford a lot of legal costs and you ultimately can't force tenants to waive their right to re-schedule viewings. Instead, you're going to have to work out a deal with the tenants. You and your real estate agent need to woo the tenants and offer them something in exchange for their cooperation, inconvenience and voluntary termination (i.e. an established weekly viewing schedule, free month's rent, etc.). |
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jazzie0202
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I would contact the landlord/tenant info line (if you have one in your area, call 411) in your state to ensure you aren't breaking any laws. |
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chelseygrrl69
 |
um... you're the owner so they have to listen to you. doesn't it say in their lease that you have the right to inspect or enter the property whenever you wish? if they are denying your entry into your property and avoid contact then they are violating the lease and you can kick them out if you want to.
if it's a major problem i would call a cop and have him escort you to put the lockbox in, the police presence should scare them into listening to you and enforce your rights as the owner of the property. if it is still a problem then explain to them the terms of the lease that allow you to enter, if it was written up well i'm sure it's in there. you made them sign the contract to protect yourself and your property didn't you? |
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the d
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absoulutley not, 24 hour notice, what did you write in on the lease if you want to end the agreement yourself, how much will you have to pay them. If you can i'd kick them out. |
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