Q: Can you require a tenant to leave premesis for a showing when the rented home is for sale? They are always 24hr notice.
We are selling our SFH that is currently under lease. The contract has provisions that allow us to sell at any time and give tenants a 60 day notice to vacate upon entering purchase agreement.
We are having difficulties with our tenant demanding she stay at the home durng showings; feedback from realtors is telling us that she is making them uncomfortable and potentially turning buyers away.
Would like to know if we can legally ask her to leave during showings with 24hr advanced notice.
A: The answer to any lease question often depends on the terms of the specific lease. Generally, tenants are entitled to possession of the premises and the right to "quiet enjoyment" of the premises. Generally, landlords retain the right to enter the premises upon notice and that may include the right to show the property to prospective buyers. While the landlord has the right to enter, that right generally does not restrict the tenant's right to possession. In short, unless the lease specifically requires that the tenant vacate the premises during showings, the tenant has the right to be in the premises at all times including during showings. You may ask her to leave but she apparently has the right to be present.
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