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.
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
Coldwell Banker Residential Real Estate, LLC
7205 Estero Blvd.
Fort Myers Beach, FL 33931
1-800-237-2752, Ext 1410
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
Terry McCarley, RealtorÂ®, CDPE
Jones & Co Realty
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...
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.
Alma Kee http://www.SoldOnTampa.com