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Asked by Steven Palmer, Cape Coral, FL Thu Sep 19, 2013

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Annette Law…, Agent, Palm Harbor, FL
Fri Sep 20, 2013
This is not their 'first rodeo' for many of the professionals who have responded.
This is one of those issues that must be addressed before the first showing to gain the tenants full co-operation. I always advise owners that selling with a tenant in place is fraught with problems.
The owner already knows that. They've tried to sell via real etate agent before with not success. (They blame the agent) Last rental home I sold the owner had agreed to install a new renter within 10 day...but fortuneatatly I sold the home in 9 days.
Two things are essential to get a fully co-operating tenant. Find a place for them to go. Help them get there with financail incentives based on accessability. I found this to be quite easy when I set the showing times and dates in Stone. (Wednesday at 6pm or Sat at 2pm) Other agents expressed how they were inconvienienced, but those are not the folks who hired me.
If the tenant still does not co-operate,,,let them know the lease will not be renewed...and wait till they are gone and the deposit resolved.
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Mack McCoy, Agent, Seattle, WA
Fri Sep 20, 2013
I don't know about "unreasonable," tenants DO like to think of their home as being, well, "their home."

That aside, there's no need to worry about legal action so long as you are proceeding in a legal manner. The real worry is whether the tenant will be cooperative, and as Daniel Norden points out, you can catch more fly balls with a soft glove than with a hard bat!

Basically, give them 24 hours notice every day that it's on the market, and offer them an incentive for each business card or agent that they let in. (I just read the keybox and base the spiff on that). You want them to not only be cooperative, but to actually encourage showings!

All the best,
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My NC Homes…, Agent, Chapel Hill, NC
Fri Sep 20, 2013
There is no better way to kill the possibility of a sale then to rent your property. In every state the laws favor the tenants not the property owners and there's nothing you can do in this situation. Personally I rarely agree to take listings with tenants in them as I know I'm creating headaches for myself. If you want to rent then rent , if you want to sell, don't rent. For owners like yourself who want or need the rental income and still want to try to sell, the best advice is to have very specific language in your lease that address this.

Daniel Norden's suggestion of offering them an incentive to allow showings is one I've used on occasion, however while it may help the truth is it's the equivalent of being blackmailed by your tenant to show your home. Tenants have no interest in the property getting sold and tend to be impediments to the sale.
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Daniel Norden, Agent, Cape Coral, FL
Fri Sep 20, 2013

We have thousands of tenants and deal with this occasionally. Kindly explain to your tenants that legally the owner has a right to sell the home and show the home as long as you give 24 hour notice per FLorida Statutes 83. They do not have to be there if you have a key. However, if they would like to be there, they are more than welcome. Most of the time they will give you a more reasonable time. And their attorney will explain that to them.

Another option some of our owners have done is to offer an incentive of say $20 per showing off of their next months rent or a flat reduction of say $100 for their inconvenience. In this market, if it is priced right , there should not be too many showings.

I hope this helped. If you need any other advice or help, let me know. You can reach me at 239-281-8086.

Dan Norden
Broker / Owner
Key Real Estate Advisors Inc
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Marc Comisar, Agent, Bonita Springs, FL
Thu Sep 19, 2013
For our landlords we offer attorney drawn leases that protect our owners. Everyone should be good to each other and reasonable.....some are not. Karma will haunt them.... All in all.....your Realtor that you currently have would be able to answer for you.
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Kirsten Priz…, Agent, Naples, FL
Thu Sep 19, 2013
I am assuming that you're trying to sell the house and that the tenant is afraid that the has to move out?
Options are:
1. Extent tenants lease so any buyer has to honor the lease. There are lot of investors who are interested in a leased property with a good rental history.
2. Ask the landlord if he/she would pay the tenant an incentive when he/she cooperates, such as a month rent for moving expenses. Keep in mind that the tenant might have to move and moving is expensive. You want the tenant on your side not against you or the seller.

Happy selling,
Kirsten S. Prizzi
FL Lic Real Estate Broker / Realtor
Immobilienfachwirt / Immobilienmakler
Telephone: 239.248.1667
Residential & Commercial Real Estate
TMB Realty, Inc.
Location is just the beginning
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John Van Eng…, Agent, Naples, FL
Thu Sep 19, 2013
It depends on your lease. A lawyer is the best resource for this. When I had rental property I had a condition that allowed me to enter the residence at any reasonable time with a 24 HR. Notice.
John Van Engelen
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Danielle Sha…, Agent, Cape Coral, FL
Thu Sep 19, 2013
Florida statute states reasonable notice is 12 hours. To be courteous provide 24 hours & just to be safe I would also post a property inspection notice the day prior. Let them take that further if they feel compelled but they may be surprised by what they learn.
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Marge Bennett, Agent, Fort Myers, FL
Thu Sep 19, 2013
Have to know what the lease says. Are the tenants afraid that they will have to move? What are they AFRAID of? how can you and the seller make that fear go away or at least become manageable. Need to figure out how to be on the same side and work together.
Good luck
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Lori Emmons, Agent, Fort Myers, FL
Thu Sep 19, 2013
You need to look at the lease and follow what that states. Leases are often in favor or the tenants.
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Barbara Gran…, Agent, Anaheim, CA
Thu Sep 19, 2013
Hi Steven,

I don't know about Florida but in California the law says we must give the tenant a minimum of 24 hours notice prior to showing a property unless they agree otherwise.

I agree with Melissa, kill em with kindness to get the place sold. In fact, you may want to consider offering them a reduction in rent or some sort of incentive for their cooperation.

Good luck to you!!

Barbara Grandolfo
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Melissa Goss, , Center Moriches, NY
Thu Sep 19, 2013
Really there is nothing you can do, as they have legal rights. Having a tenant in a home that is for sale truly can bind things up... good luck... kill em with kindness- truly it may be your only route
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