tenant not cooperating (by Kris [NM]) Nov 19, 2014 7:30 AM
tenant not cooperating (by Jane B. [FL]) Nov 19, 2014 7:55 AM
tenant not cooperating (by Kris [NM]) Nov 19, 2014 11:37 AM
tenant not cooperating (by Ken [NY]) Nov 19, 2014 11:40 AM
tenant not cooperating (by LiveTheDream [AZ]) Nov 19, 2014 12:30 PM
tenant not cooperating (by Pattyk [MO]) Nov 19, 2014 12:54 PM
tenant not cooperating (by Mike45 [NV]) Nov 19, 2014 2:01 PM
tenant not cooperating (by BRAD 20,000 [IN]) Nov 19, 2014 8:32 PM
tenant not cooperating (by BRAD 20,000 [IN]) Nov 19, 2014 8:34 PM
tenant not cooperating (by Kristy [LA]) Nov 20, 2014 8:28 AM
tenant not cooperating (by frank [MD]) Nov 20, 2014 1:09 PM
tenant not cooperating (by Kris [NM]) Posted on: Nov 19, 2014 7:30 AM Message:
I have a question about placing a electronic lockbox on a house that is occupied by tenant, can the tenant say no to that? State Specific Question About: NEW MEXICO (NM)
--76.18.xx.xxx |
tenant not cooperating (by Jane B. [FL]) Posted on: Nov 19, 2014 7:55 AM Message:
I don't quite understand.
Do you mean that you want to replace a keyed locking system with an electric lock?
Has she changed the lock? Is she worried that you'd have unlimited access?
What is her objection?
We've switched over some rentals and our own homes and love the keypad entry style locks. I think she will eventually come to like it, too. --108.9.xx.xx |
tenant not cooperating (by Kris [NM]) Posted on: Nov 19, 2014 11:37 AM Message:
No, I am trying to sell the house. I was referring to a lockbox for Realtors to show the home. --76.18.xx.xxx |
tenant not cooperating (by Ken [NY]) Posted on: Nov 19, 2014 11:40 AM Message:
I think the tenant is being very reasonable,she doesn't want every agent in the area to have access to her apartment,either the listing agent or you should be present at each showing so she feels more secure about who is coming in her apartment.If you were selling your own house would you be comfortable with any agent having access to come in your house alone? --24.92.xx.xx |
tenant not cooperating (by LiveTheDream [AZ]) Posted on: Nov 19, 2014 12:30 PM Message:
I wouldn't want every agent in town having access to my home. Tenant is paying for "Quiet Enjoyment" of their space. While you are entitled to reasonable access upon legal notice, unless you have a clause in the lease regarding sale cooperation, you may not have the right to repeatedly enter the premises to show it.
Usually owners offer some concession to tenants for cooperation in showing. Or wait until they are out. One thing I've done with apartments is offer tenants a free pizza coupon each time we showed their unit.
--24.156.xx.xx |
tenant not cooperating (by Pattyk [MO]) Posted on: Nov 19, 2014 12:54 PM Message:
i would not do that unless is was the SUPRA key lock. --70.13.xx.xx |
tenant not cooperating (by Mike45 [NV]) Posted on: Nov 19, 2014 2:01 PM Message:
I do not know New Mexico law, but if I were the T, I would object to the lockbox. Supra or otherwise.
T has a right to privacy and quiet enjoyment. Check your state's laws and your lease as to your right to show the property while a T is in possession. You probably have a right to show it, upon proper notice. But that might not include the right to let any salesperson in town show it.
Be careful not to upset your T. If I, as a hypothetical T, were upset with my LL for my LL insisting on showing my unit while I am living there, I could insist that I be given proper notice of every showing, that my LL or the listing agent be personally present at every showing, that my LL or the listing agent personally supervise every person admitted to my unit for showing, and that my LL obtain a surety bond for any losses I suffer due to theft or damage during showings.
I doubt that I would make the place a pig stye for showing purposes; I don't live like that, and I don't think I would make my own space disgusting just to make things hard for my LL.
I doubt I would consent to open houses, as opposed to showings for specificly identified prospects.
LL has no right (in the states I know of) to clean the unit, to disturb the T's possessions (for example, throwing the T's dirty clothes from the floor into a closet), or to otherwise make the place look presentable. LL has no right to force the T out of the unit for the showing -- so the T can be there badmouthing the LL, if the T wants to.
I don't show units that are occupied, except in rare circumstances. I had one tenant who had a beautiful home, who was happy to show it off, and who even offered tea and cookies to the few people I showed her home to. But that tenant was so house proud that she loved to show it off. And I had approached her in a far different way than getting into a fight over whether I had a right to put on a lock box!
--184.6.xxx.xxx |
tenant not cooperating (by BRAD 20,000 [IN]) Posted on: Nov 19, 2014 8:32 PM Message:
Kris,
There is a middle ground.
Resident deserves privacy.
Owner and agent need access to show.
Possible compromise: agent calls to set appointment. If res will be gone, set the lockbox outside so agent can use it to enter.
Res returns and brings the lockbox back inside.
Jeffrey teaches to give the res an incentive to gain cooperation, such as $100 if the buyer buys while the res is still there.
Know that your res will probably soon be departing if the home is for sale.
-Brad --67.175.xx.xxx |
tenant not cooperating (by BRAD 20,000 [IN]) Posted on: Nov 19, 2014 8:34 PM Message:
PS or make an agreement that the res will be present for showings. (not the best for getting it sold) --67.175.xx.xxx |
tenant not cooperating (by Kristy [LA]) Posted on: Nov 20, 2014 8:28 AM Message:
What does your lease say? Ours states that LL can show the house to prospective buyers, if for sale, or prospective tenants, both within 45 days of the end of the lease. Requires 24 hour notice of the showing. Done.
Get it in the lease, but then just be polite about it. I'm sorry this may be an inconvenience for you, but according to the lease.... --174.70.xxx.xxx |
tenant not cooperating (by frank [MD]) Posted on: Nov 20, 2014 1:09 PM Message:
The problem with a lockbox is controlling access with proper notice; there will be an incident with the lockbox when proper notice is not given, a realtor shows up, enters and walks right into your tenant doing something or tenant hears a realtor trying to unlock the door
It will happen
In the end your are reasonable for the action of your agents
--216.30.xxx.xxx |
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