Joanne LaFle…, Real Estate Pro in Shaw A F B, SC

Have a house listed for sale with renters in the property? What are you doing to ensure showings? Joanne LaFleur,... Agent Fort Myers,

Asked by Joanne LaFleur, PhD, Shaw A F B, SC Thu Jan 19, 2012

FL

. Myers, FL It's been very frustrating trying to show houses with renters the last few weeks, they won't let you in regardless if you gave them a one week, 24 hour or short notice as listed.

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Reality is if you have uncooperative tenants, Statutes or not, it is a hard sell. Quote and post all you want, they will ALWAYS have the upper hand. So what do you do?

Either on your own or with the cooperation of the owner, give the tenants a 'relocation bonus' of several thousand dollars if they allow showing and leave the place in good repair and broom clean. If they leave in the next 2 week. add to the bonus. Tell the kids, if any, they can earn $25 each when the sale is completed for keeping the place clean. Give them a reason to cooperate. Quoting law will result in the opposite outcome you are wanting.

Best of success in a difficult situation.
Web Reference: http://www.MyDunedin.com
1 vote Thank Flag Link Thu Jan 19, 2012
Joanne:
This is a major problem on Fort Myers Beach, however, as the listing agent, I post a notice in the unit (if vacant at the time of listing) quoting Florida Statute 83.53, which basically gives authority to the landlord to enter the property with proper notice in order to "...exhibit the dwelling unit to prospective or actual purchasers..." This helps, as it puts renters on notice that we do have the right to show the property (with notice, usually 24 hr).

Gloria Hall, SSRS
REALTOR
Coldwell Banker Residential Real Estate, LLC
7205 Estero Blvd.
Suite 724
Fort Myers Beach, FL 33931
239-293-2915 Cell
1-800-237-2752, Ext 1410
239-314-1410, Direct
239-463-5542 Fax
http://www.fmbrealtor.com
gloria.hall@floridamoves.com
1 vote Thank Flag Link Thu Jan 19, 2012
Joanne,

There should be no problems as access cannot be unreasonably withheld per terms of Florida Statute 83.53. However we all know tenants that can create problems and that is where the Sheriff is sometimes your best friend.

However there is nothing that requires a tenant to have the property in "show condition" and it is often times better with some tenants to not market the home during their tenancy as it can end up costing your client the ability to get the best price. The best bet is to have a heart to heart with the tenant and pick up a new client as they will soon be needing another rental or may even be in position to purchase when you explain that in many cases they will be spending less by purchasing at today's prices and historic interest rates.

I hope this information is helpful but if you need anything additional please do not hesitate to give me a call.



Always at Your Service,


Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
tom@tompriester.com
Web Reference: http://www.tompriester.com
1 vote Thank Flag Link Thu Jan 19, 2012
This is an extremely common problem with tenants as they do not want to be bothered and quite often they do not want to move. I have had success if the buyer is purchasing as an investor as I can explain to the listing agent the buyer will be renting it out so the tenants could continue to rent the property. I have also gone so far as to offer tenants a gift card in exchange for cooperation. You need to have a heart to heart talk with your tenants and get this issue resolved as if the home can't be shown it most likely won't be sold. Best of luck!

Terry McCarley, Realtor®, CDPE
Jones & Co Realty
1 vote Thank Flag Link Thu Jan 19, 2012
...and if showings are allowed, the home may not be in "show" condition.
Some things have to be resolved between the owner and the tenant....this is one of them.
Web Reference: http://www.321property.com
1 vote Thank Flag Link Thu Jan 19, 2012
I like Gloria's approach and use the equivalent legal notices here in California. To take it a step further, however, I recommend that owners terminate the lease of any tenant who doesn't co-operate with a sale. This can't be done willy-nilly, tenants have rights, too. The conventional wisdom is that selling a home with a good tenant on a long term lease is optimal when the buyer is an investor, but a tenant who won't co-operate with a sale is likely not a very good tenant in other ways. Terminating the lease allows for easy entry while the property is between tenants and gives the owner the opportunity to find a truly good tenant.
As a buyer's agent trying to show someone else's rental listing with tenants that won't permit entry, I'd write a formal letter to the listing agent saying that you have qualified buyers but you won't be able to show the property without reasonable access. The listing agent can use your letter as evidence to convince the owner to do something about the tenant. After all, the agent has no power over the tenant - it is completely the owner's responsibility.
I recently had coffee with an agent who made an appointment to show a rental condo. Upon arrival, the tenant refused entry and actually called the cops when the agent stood outside trying to reach the listing agent by phone to find out what the hell happened to her appointment. The cops arrived immediately (must have been a donut shop around the corner...) and informed my friend that they could not support her right to show the property, that was for a court to order. The cops could, however, order her and her clients to leave the premises and stop harassing the tenant, which they did. Go figure...
0 votes Thank Flag Link Sat Jan 21, 2012
I am about to have a listing with renters in the property. I don't think the renters will have a problem letting people view the home, but I do worry about the house not looking as clean and neat as it would if it were occupied by owners trying to sell it, or if it was vacant. I think you have to just communicate with your potential buyers and agents who will be showing the house that it may not be in the best showing condition considering it is occupied by a renter. And then hope for the best!
0 votes Thank Flag Link Fri Jan 20, 2012
If it's a short sale, there may be other reasons why it can't be shown... possibly an insider already has a contract and the listing agent is keeping it in "active" to create an illusion that no other buyer wants it at the current price! This is pure fraud and unfortunately some agents will go along with these schemes. Also some Short Sellers may want to intentionally delay the process so they can continue to collect rents for many months. I've seen this, too! I wish we could remove all short sale listings from our MLS (create a new MLS rule) until/if the lender has approved the short sale price and the closing can occur within 45 days. Also it would be nice if the property MUST be vacated for a short sale to be approved to prevent any holdover tenant/owners!

If it's a regular sale then the Florida Landlord Tenant law and the lease agreement probably require the tenant to allow showings. If you are the listing Realtor you may want to suggest to the owner that they exercise their rights to allow showings and give the tenant a copy of the Lanlord Tenant Statutes and their lease agreement to ensure compliance.

Good luck!

Alma Kee http://www.SoldOnTampa.com
0 votes Thank Flag Link Thu Jan 19, 2012
This is always a problem when a home is tenant occupied. The tenants should be told up front what is expected of them by the owner as well as the listing agent. They are obviously being uncooperative because they don't want to move. All you can do is keep trying. & tell them that you may have to put a lockbox on the house if they don't make the home available for showings. The house is being sold one way or another so they must face reality
0 votes Thank Flag Link Thu Jan 19, 2012
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