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Tenant not allowing showing

6,674 Views | 29 Replies | Last: 4 yr ago by johnnyblaze36
WestTexAg12
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3:57p, 3/23/20
AG
I've got a tenant in my rental house currently who has a lease that ends April 13. My house is already on the market to sell and my RE agent says there are 3 buyers interested, willing, and able to close soon.

My tenant is so paranoid about this coronavirus crap that they are refusing to allow me to show the house because they don't want anybody in the house. I even tried to meet in the middle with them about having the potential buyers and RE agent wear gloves and masks while the tenant and their kids wait outside or leave during the showing.

I feel this hold out may cause me a potential buyer. What are my options?
"Give me an army of West Point graduates and I'll win a battle. Give me a handful of Texas Aggies, and I'll win the war.”
- General George S. Patton
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Deats99
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4:04p, 3/23/20
AG
What does the contract say?
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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HomeFinderCody
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In reply to WestTexAg12 • 4:11p, 3/23/20
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WestTexAg12 said:
I've got a tenant in my rental house currently who has a lease that ends April 13. My house is already on the market to sell and my RE agent says there are 3 buyers interested, willing, and able to close soon.

My tenant is so paranoid about this coronavirus crap that they are refusing to allow me to show the house because they don't want anybody in the house. I even tried to meet in the middle with them about having the potential buyers and RE agent wear gloves and masks while the tenant and their kids wait outside or leave during the showing.

I feel this hold out may cause me a potential buyer. What are my options?
Could you offer virtual showings to those 3 buyers? You could have the tenant shoot a video, or allow you (and only you) in the home to video a tour.
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JB
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5:17p, 3/23/20
AG
Not Corona virus related, but I had a tenant do that as well. She was so concerned that things would be stolen during showings. I had to go back and forth for awhile, spelling out the contract for her, before finally getting her husband to calm her down. Every showing was a PITA though for the buyer RAs.

I think you have been reasonable. Now time to get tough and just tell her whats going to happen.
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Diggity
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In reply to [removed post] • 8:57p, 3/23/20
AG
Owner can show the property without permission

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Yesterday
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10:22p, 3/23/20
AG
Make her feel in charge. Ask her what needs to be done to allow a seller in the house. I can't really blame her. My wife won't let anyone in the house. She's pretty paranoid about all of this.
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Aggiemike96
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11:08p, 3/23/20
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Ask the tenant to pay one additional month rent (lease would end May 15) so you can start showing April 15 after she moves out. I bet she'll sing a different tune!
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WestTexAg12
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In reply to HomeFinderCody • 9:05a, 3/24/20
AG
HomeFinderCody said:
WestTexAg12 said:
I've got a tenant in my rental house currently who has a lease that ends April 13. My house is already on the market to sell and my RE agent says there are 3 buyers interested, willing, and able to close soon.

My tenant is so paranoid about this coronavirus crap that they are refusing to allow me to show the house because they don't want anybody in the house. I even tried to meet in the middle with them about having the potential buyers and RE agent wear gloves and masks while the tenant and their kids wait outside or leave during the showing.

I feel this hold out may cause me a potential buyer. What are my options?
Could you offer virtual showings to those 3 buyers? You could have the tenant shoot a video, or allow you (and only you) in the home to video a tour.

This is what I'm going to do pretty much. They are trusting of me and are going to let me virtually show the house.

My lease contract does state that the tenant cannot unreasonably dent access to exhibit the dwelling unit to prospective or actual purchasers. I don't know what would be considered "unreasonable" in a time like this.

I'm in a tight spot because I am an officer in the Marines and the tenant is in my battalion as an enlisted. Didn't know he was going to be in my Bn when I leased it to him and his wife. So I feel like I need to carefully toe the lines a bit.

I'm also keeping all of the pet deposit as collateral.
"Give me an army of West Point graduates and I'll win a battle. Give me a handful of Texas Aggies, and I'll win the war.”
- General George S. Patton
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Yesterday
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In reply to WestTexAg12 • 10:25a, 3/24/20
AG
WestTexAg12 said:
HomeFinderCody said:
WestTexAg12 said:
I've got a tenant in my rental house currently who has a lease that ends April 13. My house is already on the market to sell and my RE agent says there are 3 buyers interested, willing, and able to close soon.

My tenant is so paranoid about this coronavirus crap that they are refusing to allow me to show the house because they don't want anybody in the house. I even tried to meet in the middle with them about having the potential buyers and RE agent wear gloves and masks while the tenant and their kids wait outside or leave during the showing.

I feel this hold out may cause me a potential buyer. What are my options?
Could you offer virtual showings to those 3 buyers? You could have the tenant shoot a video, or allow you (and only you) in the home to video a tour.

This is what I'm going to do pretty much. They are trusting of me and are going to let me virtually show the house.

My lease contract does state that the tenant cannot unreasonably dent access to exhibit the dwelling unit to prospective or actual purchasers. I don't know what would be considered "unreasonable" in a time like this.

I'm in a tight spot because I am an officer in the Marines and the tenant is in my battalion as an enlisted. Didn't know he was going to be in my Bn when I leased it to him and his wife. So I feel like I need to carefully toe the lines a bit.

I'm also keeping all of the pet deposit as collateral.


Ouch. That is a touchy one. Watch out for those enlisted wives.
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WestTexAg12
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In reply to Yesterday • 12:33p, 3/24/20
AG
03ki11erAG said:
WestTexAg12 said:
HomeFinderCody said:
WestTexAg12 said:
I've got a tenant in my rental house currently who has a lease that ends April 13. My house is already on the market to sell and my RE agent says there are 3 buyers interested, willing, and able to close soon.

My tenant is so paranoid about this coronavirus crap that they are refusing to allow me to show the house because they don't want anybody in the house. I even tried to meet in the middle with them about having the potential buyers and RE agent wear gloves and masks while the tenant and their kids wait outside or leave during the showing.

I feel this hold out may cause me a potential buyer. What are my options?
Could you offer virtual showings to those 3 buyers? You could have the tenant shoot a video, or allow you (and only you) in the home to video a tour.

This is what I'm going to do pretty much. They are trusting of me and are going to let me virtually show the house.

My lease contract does state that the tenant cannot unreasonably dent access to exhibit the dwelling unit to prospective or actual purchasers. I don't know what would be considered "unreasonable" in a time like this.

I'm in a tight spot because I am an officer in the Marines and the tenant is in my battalion as an enlisted. Didn't know he was going to be in my Bn when I leased it to him and his wife. So I feel like I need to carefully toe the lines a bit.

I'm also keeping all of the pet deposit as collateral.


Ouch. That is a touchy one. Watch out for those enlisted wives.


No kidding. Dependas are the worst.

It doesn't help that they have 5 kids ages 6mo-6 years and another one on the way.

Glad to see another fellow grunt on here.
"Give me an army of West Point graduates and I'll win a battle. Give me a handful of Texas Aggies, and I'll win the war.”
- General George S. Patton
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Alta
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In reply to Diggity • 7:48p, 3/24/20
AG
Debatable if now is a "reasonable time." I think the landlord could but certainly not without risk.
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Diggity
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In reply to Alta • 8:20p, 3/24/20
AG
Not really. An owner is allowed access to his/her property...period.

Reasonable time is referring to not coming by at 2a to look around.

The situation is obviously delicate here but something as simple as a video tour should be more than reasonable.
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Carnwellag2
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11:04a, 3/26/20
considering there is a shelter in place for most areas - now is not a reasonable time.

I don't think most judges or juries would side with the landlord.

In addition if the china virus was brought into the house that the current tenants might have a case against the landlord?
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Deats99
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In reply to Carnwellag2 • 11:24a, 3/26/20
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Carnwellag2 said:
considering there is a shelter in place for most areas - now is not a reasonable time.

I don't think most judges or juries would side with the landlord.

In addition if the china virus was brought into the house that the current tenants might have a case against the landlord?
Housing and real estate have been deemed essential in most markets.

A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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histag10
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In reply to Carnwellag2 • 12:47p, 3/26/20
AG
Carnwellag2 said:
considering there is a shelter in place for most areas - now is not a reasonable time.

I don't think most judges or juries would side with the landlord.

In addition if the china virus was brought into the house that the current tenants might have a case against the landlord?

Most shelter in place orders allow you to do quite a bit outside, so it shouldn't prevent this. Why would a judge side with the tenant, when the tenant signed an agreement that literally allows the landlord to enter the home? Especially considering that real estate is considered essential, and most government officials agree that real estate transactions need to keep happening to help prop up the economy right now.

I do, however, feel like the tenant could make certain requests that nothing be touched, verification that no one who enters has a fever, everyone must sanitize their hands before entering, and maybe wear a mask and gloves? Or ask that ALL showings happen only on one day, so they only have to sanitize once. I kind of get it, considering they have kids and want to keep their house sanitized/clean. Maybe offer to allow them to be at the house while its being shown, since they may not have many other places they can go right now.
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In reply to histag10 • 1:16p, 3/26/20
TxAG#2011
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2:09p, 3/26/20
Given the certainly massive backlog of evictions about to take place, tenants have all the power. Cops will not be throwing people out anytime soon.

If I were a landlord right now I would be doing everything possible to please tenants.
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CFTXAG10
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2:49p, 3/26/20
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This reminds me of a Realtor joke for potential home buyers I saw the other day:

Realtor during a showing: "Could you see yourself being quarantined here for 14 days"

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mts6175
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8:28p, 3/27/20
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I'm on the opposite side of the table - I'm a tenant with an owner that is selling the house and have already been down this path. If there is no clause in the lease, then the tenant doesn't have to accept the showing, and the tenant has to approve or decline the showing in Texas. Otherwise, you can't force a showing until the lease is up. Also some misleading information on this thread, letting the owner in for any reason is not the same as letting the owner plus a prospective buyer and/or real estate agent in the house. Again, depends on if there is a clause in the lease.

Honestly, just put yourself in your tenants shoes. Would you let people you didn't know parade around your permanent house right now? (Betting 99% of you don't answer that honestly). You're risking your tenant's health because you don't want to wait a week or two. I empathize with my owner right now, but I'm not taking a risk for him. And I'm pretty confident if I did end up catching it because of someone who was paraded around the house I'd have significant recourse action I could take.
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Diggity
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In reply to mts6175 • 8:38p, 3/27/20
AG
I posted the standard clause on a Texas contract. I certainly agree it's a scary time for folks to be letting strangers in their home and landlords need to recognize that. All that being said, there is no clause that says a tenant needs to be approve showings in the standard TREC contract. You may have signed something different but I can't speak to that.

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gig em 02
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In reply to Deats99 • 9:53p, 3/27/20
Deats99 said:
Carnwellag2 said:
considering there is a shelter in place for most areas - now is not a reasonable time.

I don't think most judges or juries would side with the landlord.

In addition if the china virus was brought into the house that the current tenants might have a case against the landlord?
Housing and real estate have been deemed essential in most markets.

Which has absolutely nothing to do with forcing a tenant to allow a showing.
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JB
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In reply to mts6175 • 8:26a, 3/28/20
AG
mts6175 said:
I'm on the opposite side of the table - I'm a tenant with an owner that is selling the house and have already been down this path. If there is no clause in the lease, then the tenant doesn't have to accept the showing, and the tenant has to approve or decline the showing in Texas. Otherwise, you can't force a showing until the lease is up. Also some misleading information on this thread, letting the owner in for any reason is not the same as letting the owner plus a prospective buyer and/or real estate agent in the house. Again, depends on if there is a clause in the lease.

Honestly, just put yourself in your tenants shoes. Would you let people you didn't know parade around your permanent house right now? (Betting 99% of you don't answer that honestly). You're risking your tenant's health because you don't want to wait a week or two. I empathize with my owner right now, but I'm not taking a risk for him. And I'm pretty confident if I did end up catching it because of someone who was paraded around the house I'd have significant recourse action I could take.


I have a few rentals myself, but we are also renting right now while we between houses....and the owner is selling the house....and we have let several people in to see the house....because it's not our house...basically the opposite of you. Weird
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gig em 02
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In reply to JB • 8:45a, 3/28/20
JB said:
mts6175 said:
I'm on the opposite side of the table - I'm a tenant with an owner that is selling the house and have already been down this path. If there is no clause in the lease, then the tenant doesn't have to accept the showing, and the tenant has to approve or decline the showing in Texas. Otherwise, you can't force a showing until the lease is up. Also some misleading information on this thread, letting the owner in for any reason is not the same as letting the owner plus a prospective buyer and/or real estate agent in the house. Again, depends on if there is a clause in the lease.

Honestly, just put yourself in your tenants shoes. Would you let people you didn't know parade around your permanent house right now? (Betting 99% of you don't answer that honestly). You're risking your tenant's health because you don't want to wait a week or two. I empathize with my owner right now, but I'm not taking a risk for him. And I'm pretty confident if I did end up catching it because of someone who was paraded around the house I'd have significant recourse action I could take.


I have a few rentals myself, but we are also renting right now while we between houses....and the owner is selling the house....and we have let several people in to see the house....because it's not our house...basically the opposite of you. Weird


It's almost like different people handle things differently and live in completely different places and have completely different life situations, so we should be exercising a great amount of empathy, particularly when addressing people we don't know about their own personal situations. That isn't only weird, it's a completely foreign concept to most people that use the internet.

I'm glad the OP understands that and is able to move forward. Some of y'all are trying to spend $5,000+ on legal fees and take cases to court that won't be heard for 2+ years.
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WestTexAg12
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8:55a, 3/28/20
AG
Update:

I did a virtual showing, making sure I accurately and thoroughly described any issues with the house that I would fix/wouldn't fix. I even took a tape measure (request of the potential buyer) to measure the bedrooms.

Buyer has already let my RE agent know that they want to buy the place and pay the listing price, but wanting $5,000 in closing costs covered (I plan to counter to $4,000).

Kind of sucks that I'm paying my RE agent 6% for me to show the house lol.

Now, another question I have just popped up. The buyer is having a hard time being approved for a loan (620 credit score allegedly). They are looking for another lender at the time. However, the possibility of me renting the house for 3-6 months while they build credit to get a loan came up. Has anybody here had this happen before and how did it turn out?
"Give me an army of West Point graduates and I'll win a battle. Give me a handful of Texas Aggies, and I'll win the war.”
- General George S. Patton
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speck
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In reply to WestTexAg12 • 9:31a, 3/28/20
AG
WestTexAg12 said:

Now, another question I have just popped up. The buyer is having a hard time being approved for a loan (620 credit score allegedly). They are looking for another lender at the time. However, the possibility of me renting the house for 3-6 months while they build credit to get a loan came up. Has anybody here had this happen before and how did it turn out?
Yep - was about to post a topic about this. Many lenders just boosted their requirements for FHA loans from a 580 credit score to a 680. We had buyer try to make an offer on our house last night, but the lender fell through for the same reason you're hearing.

FHA hasn't changed their requirement, but the lenders have.
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WestTexAg12
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In reply to speck • 12:15p, 3/28/20
AG
speck said:
WestTexAg12 said:

Now, another question I have just popped up. The buyer is having a hard time being approved for a loan (620 credit score allegedly). They are looking for another lender at the time. However, the possibility of me renting the house for 3-6 months while they build credit to get a loan came up. Has anybody here had this happen before and how did it turn out?
Yep - was about to post a topic about this. Many lenders just boosted their requirements for FHA loans from a 580 credit score to a 680. We had buyer try to make an offer on our house last night, but the lender fell through for the same reason you're hearing.

FHA hasn't changed their requirement, but the lenders have.

So are you looking to rent to them until their credit increases or are you looking at other buyers?

I'm not leaving my area until around August, so I have the ability to rent to them for 4ish months if I wanted to.
"Give me an army of West Point graduates and I'll win a battle. Give me a handful of Texas Aggies, and I'll win the war.”
- General George S. Patton
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speck
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8:41p, 3/29/20
AG
We had a few other offers roll in over the weekend.
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Nutmegger
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2:09a, 3/30/20
AG
Considering the tenant is immunocompromised (pregnant), I can't believe anyone would think it would be reasonable to have strangers enter the home for any reason.
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johnnyblaze36
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1:05a, 4/6/20
AG
Had three showings earlier today but we canceled one of them because there was a family of four I'm working with that wanted to see the home but this single tenant said they would not allow more than two people in the home at a time. So essentially I could walk inside with one at a time and rotate out.

I thought that was the dumbest thing I'd ever heard in my life/last 24 hours. Best of luck OP.

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johnnyblaze36
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In reply to speck • 1:12a, 4/6/20
AG
speck said:
WestTexAg12 said:

Now, another question I have just popped up. The buyer is having a hard time being approved for a loan (620 credit score allegedly). They are looking for another lender at the time. However, the possibility of me renting the house for 3-6 months while they build credit to get a loan came up. Has anybody here had this happen before and how did it turn out?
Yep - was about to post a topic about this. Many lenders just boosted their requirements for FHA loans from a 580 credit score to a 680. We had buyer try to make an offer on our house last night, but the lender fell through for the same reason you're hearing.

FHA hasn't changed their requirement, but the lenders have.
I've seen some lenders up it to 660 but hadn't seen the 680 number (not saying you're wrong and sorry the deal fell through).

I also know lenders that have increased from 580 to 620. They are definitely out there but I can't say if they are the norm or not.
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