Need to sell my property but tenant is not allowing entry!?
I recently enlisted a real estate agent to sell my house. After the sign was placed on the property (45 days before the end of a one year's lease). I informed my tenant that the house was now up for sale and I would like to show the property only on Saturday's between 2 and 4 PM. At first he was fine with it. He then changed his mind stating that he had right of possession and quite enjoyment while he was in the house. He also stated that I needed to remove the sign as it was also causing him distress because his friends and family now know that he doesn't own the property. The property is in California and I need to sell it as soon as possible. Do I have any recourse?
- 1 decade agoFavorite Answer
I'm assuming you did not renew the written lease. After the expiration of the lease, he is on a month to month tenancy. You should issue a notice to quit the premises in thirty days with a statement on the notice to quit that any money accepted after that date is for use and occupancy only. You do not have to remove the sign, he shouldn't have lied to his friends and family. If he fails to move following the thirty day notice institute eviction proceedings. You should probably get a lawyer to do that. He probably would not want an eviction on his record since that becomes a public record that can be checked by any potential landlord.Source(s): 20+ years legal experience
- Anonymous1 decade ago
He is right about showing the property. If he doesn't like the for sale sign, give him your real estate agent's card and suggest he make an offer.
Considering the limited amount of time left on the lease, you are spitting into the wind if you want to make a big deal out of this.
- DesiLv 71 decade ago
He has a right to argue regarding the time you have chosen to show the property, work with him on that to keep the peace while he's still there.
Regarding the for sale sign, tell him to pound salt. If it disturbs him that much he can move now rather than later.
- tonalc2Lv 71 decade ago
You are legally allowed to show the house, but must give 24 hours notice for each entry (even if you have a standing time stated).
If they refuse all access, you'll have to file a complaint against them and seek an injunction.
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- BibigirlLv 71 decade ago
File an eviction notice, he'll have 30 days notice. You own the property and can have the sign anywhere you want it.
- Anonymous1 decade ago
I agree with your tenant, he is paying for the use of the building until the lease is up and shouldnt have to allow strange people to walk through his home and look at his stuff, put it up for sale when he is gone.
- Daniel WLv 51 decade ago
He might want to stay longer than 45 days.Just lump it he could trash your place 45days ain't bad. Make sure that he gets certified mail to be completely gone in 45 days and all damage repaired or he will be liable for damages.
- 1 decade ago
You can take the person in as long as you give at least 30 days notice.
As for the sign- ITS YOUR PROPERTY! It doesn't matter if he pays rent or not.
- TeeknoLv 71 decade ago
You're permitted reasonable access with advance notice. He cannot refuse.
Make sure you send him written notice, sent it return receipt. Show up at 2 on Saturday, and if he denies you access, call the police.