Q: I have a tenant that is vacating the house at the end of the month. In the lease it states if we are listing for sale
or rent they need to give us access to show. they are refusing to let anyone in the home. What legal ground do I have to enter the home.
A: You have the right to enter. However forcing your right could lead to a unwanted confrontation or that they trash the place when they do leave. I suggest that you speak with a land lord tenant attorney in your area before you take action.
A: Unfortunately, for non-emergency entries this is deemed a breach of contract that needs to be enforced in court. Perhaps a threatening letter from an attorney may work and you may be able to charge them the legal fees for that if it is so provided in your lease. But these tenants figure you won't do anything. If you forced the issue without a lawsuit through a confrontation you may win but with unknown repercussions. After all, you are the owner but the tenant has possession...........
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