What About Holding an Open House in a Tenant-Occupied Property?

When a landlord decides he/she is selling a tenant-occupied property, there are certain requirements on both parties. The landlord has the right to sell the property and find a prospective purchaser

under normal and customary market conditions of the area, and that usually includes open houses and prospective buyer visits to the property with proper notice. Tenants are understandably not anxious to participate in the selling process, but landlords and their REALTORS have certain tools for handling the situation.

The law permits a landlord to hold open house, since a 2013 decision in Dromy v. Lukovsky which allows open houses on weekends with "reasonable" notice.  This case said that there should be no more than two a month, and 10 days advance notice should be given to the tenant.  The tenant may propose alternate days within 48 hours of receipt, which the landlord should consider.  The judge in the above case approved an open house on either a Saturday or a Sunday from 1:00 pm to 4:30 pm.  The agent must be present, and the tenant may be present.

If a tenant is not cooperative with these terms, a landlord should try writing a letter (REALTORS have sample forms also) explaining possible eviction, costs and attorneys fees and a possibly a negative credit report entry from the entire process.

Another method is to provide a 3-day notice to quit (check with your REALTOR).  The landlord may have to consider eviction if neither of these work.

However, many tenants do see it in their own best interest to cooperate because an income property may be sold to another investor who would like to retain good tenants.

For more specific information on this issue, please contact me via email on best procedures to follow when listing your income property with tenants.
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