When Access is Denied

A tenant is moving out and I want to arrange to let prospective tenants come by to see the apartment. I gave the tenant appropriate notice that I would be showing her unit, and she orally agreed. But once I arrived, she refused to let me or the prospective tenants into the unit. What should I do?

You should first make sure that you gave proper notice. A landlord may gain access to show the unit to prospective tenants. However, notice must be in writing, and must include the date, approximate time and purpose for the entry. In addition, unless the tenant otherwise consents, the entry should be during normal business hours. The notice should be personally delivered or left at the unit at least 24 hours in advance; if mailed, the mailing must occur at least six days prior to the entry.

If these requirements are satisfied, entry is lawful. However, if the tenant says no, do not force your way into the unit. Such “self-help” tactics will lead to criminal and civil sanctions against the owner. Thus, if a legitimate request for entry is refused, apprise the tenant in writing that she should cease and desist from this conduct or legal action may be pursued. You may want to inquire as to why entry was denied and if a more suitable time and date is desired. Many tenants dislike repeated entries during their private time, so perhaps an agreement to have one or two showings when the tenant is at work would invite a more positive response. Informally resolving the problem far outweighs resorting to legal remedies. After consulting with the tenant, promptly seek to properly re-notice another entry.

If the tenant still refuses, you may want to consider service of a termination notice for denial of access. The local rent law permits a landlord to terminate a tenancy if the tenant does not allow lawful entry. Even in this case, where the tenant has announced that she will be leaving, the landlord may still want to serve a thirty-day notice on this ground, as a tenant’s notice to vacate may be rescinded at any time and cannot be used as a basis for eviction. In addition, it may persuade the tenant to reconsider her position.

As an alternative, if you cannot convince the tenant to permit showings, consider waiting until the unit is vacant and fixed up before touring applicants. Most real estate professionals will tell you that empty, freshly painted and clean apartments rent quicker and for more dollars than occupied units with clutter and mess. Yet before taking any course of action, consult with a qualified attorney who can evaluate the situation and provide you with the best options.

DW