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Buying or Selling a Home/Landlord selling home that is occupied by a tenant

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Expert: - 9/13/2007


Question
I live in Monticello, Ny that is also where the home that I am selling is in.

I currently have a tenant in my home and I am looking to sell it due to financial reasons.  I have informed my tenant that I am selling the home and asked her if she would like to buy it before I sell it to someone else.  She said she doesn't want to buy it.  I now have a buyer for the home and he would like to see the house.

I have spoke with my tenant and asked her what would be a good day/time for me to come and show the house.  Now she is trying to play games with me and told me she don't know because she is very busy.

My question is what is my right on entering the home to show it.  Does she have to be there? or can I enter the home as long as I give her some notice?

Any help on this matter would be greatly aprreciated.

Thank you,

Answer
Hi Rachel,
I don't know what kind of lease agreement you have with the tenant, but in general:
Unless your lease has a specific wording prohibiting you from showing it, and as long as you give her 24 hours notice you may show the house.  You may want to email her notice as well as call & talk to her.  My suggestion would be, Don't ask her, tell her you will be showing the house at _ o'clock on _ day which is within your rights as the landlord.
As to her rights as the tenant, if she has signed a lease agreement with you, that gives her rights to remain in the home till the lease term is up regardless of if you own the property or sell it.  The new owner must honor the terms of the lease.  If she is month to month, then you must give written notice with at least 31 days notice.
You may want to tell your prospective buyer when you go thru the premises if the tenant is being uncooperative.  She may not have the house in tip-top apple pie order, so the buyer may need to look past any mess at the "bones" of the house and see if that works for him.
As always I will recommend you have an attorney check your lease agreement and advise you.
I hope this helps you, please rate my answer on this site!
Good Luck Selling,
Laurie

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Laurie Stephenson

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I can answer questions about Residential Real Estate in Upstate NY's Capital District area, from Albany to Lake George. I specialize in Saratoga Springs and the surrounding towns. I am a Buyers and Sellers Agent. Check out my website at www.lauriestephenson.com

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My goal is to make the process of buying, selling, or owning a home efficient, enjoyable and rewarding for you. See what my clients have said about my real estate services... *Comments: Laurie was enthusiastic and supportive through the whole process. I would highly recommend her! JAC - Stillwater *Comments: My wife and I recently purchased our home with Laurie Stephenson. This purchase was difficult because we were buying a home from 3000 miles away. Laurie worked with us for several months prior to the purchase. Then, when my wife and I arrived to look at homes, she helped us get right down to business. Laurie's knowledge and expertise pertaining to the Saratoga community allowed my wife and I to find a house that was honestly, the exact home we were looking for. Laurie took our situation, our hopes and dreams, and helped us put them into perspective and find the home that was just right for our family. Laurie's dedication to our family was invaluable throughout the entire process and continues on past the closing of our home. My family and I appreciate everything that Laurie has done for us. We got the luck of the draw with Laurie, and couldn't have asked for a better real estate agent and friend. Sincerely, Randal& Shanna Thorpe *Comments: One of the most refreshing qualities about Laurie is she goes to great lengths before even showing a house to make sure her clients are qualified and she understands exactly what there looking for. Her unique ability to understand people and listen is why she's so successful. She puts her client's best interest first and assures they can buy and afford the house for years to come. As a Mortgage Broker responsible to the banks and the clients we have a perfect record and many happy homeowners. Thank you Laurie!!! Jim Teele

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