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efete1

tenant showing issues

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Hi all;

I have an owner under contract to do a CA. The issue that just came up is the tenant doesn't like the owner and her lease is up Sept. 1. She doesn't want anyone inside to see the house until she moves out; she threatened to call the lawyer, etc. etc. I discussed with the owner, and she (owner) doesn't think there is anything with her lease contract that states anything about showings while the tenant is still in there (she has a regular lease, not a CA or LO). What are the rules/laws (here in Ohio by the way) about this? Do we just have to wait until she moves out or can we legally make the tenant allow us to show the house? Thanks for any advice!

 

Eric

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Hi, Eric. State law will determine the homeowner's rights to access. The tenant cannot simply say no one is permitted inside the premises while I live here. Generally, you will be required to give sufficient notice before gaining entry. What sufficient notice is will be spelled out in Ohio's tenant/landlord laws.

Here's a link that will help: http://www.tenant.net/Other_Areas/Ohio/landlord.html

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Most states have a "Right to Access" law regarding rental properties, even if it doesn't appear in the lease (although standard leases should have that clause). Generally, the law allows the landlord access to the property provided 1) a minimum amount of notice has been given to the tenant (usually 24 or 48 hours), and 2) the access requested is during "reasonable" hours (read: during the day). The tenant cannot refuse to allow access if these two requirements are met. I was a leasing agent for an apartment complex, so I got to know the contracts inside and out. But, as always, this is not legal advice, so you should seek competent legal counsel instead of the word of some schmuck on the internet. :wacko:

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Most states have a "Right to Access" law regarding rental properties, even if it doesn't appear in the lease (although standard leases should have that clause). Generally, the law allows the landlord access to the property provided 1) a minimum amount of notice has been given to the tenant (usually 24 or 48 hours), and 2) the access requested is during "reasonable" hours (read: during the day). The tenant cannot refuse to allow access if these two requirements are met. I was a leasing agent for an apartment complex, so I got to know the contracts inside and out. But, as always, this is not legal advice, so you should seek competent legal counsel instead of the word of some schmuck on the internet. :wacko:

 

 

Thanks for the advice gentlemen!

 

Eric

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