If I`m selling a rented unit, can a tenant refuse to show at certain times & dates & unless they are inside? What`s the rules? I`ve seen & heard horror stories on the buying side where tenants refuse to show or get flaky in showings afraid to lose their homes, unless it was an investor rumoured to be viewing. Can i expect the same when I`m selling & my realtor is trying to show?? P.S. I don`t need to re-assure the deadbeat tenant - in fact I can`t put up with him anymore that`s why I want to sell - hopefully scare him off or get him to pay on time if I end up not selling.
Selling a Rented Unit
- Thread starter donksky
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QUOTE (donksky @ Sep 29 2010, 05:44 PM) If I`m selling a rented unit, can a tenant refuse to show at certain times & dates & unless they are inside? What`s the rules? I`ve seen & heard horror stories on the buying side where tenants refuse to show or get flaky in showings afraid to lose their homes, unless it was an investor rumoured to be viewing. Can i expect the same when I`m selling & my realtor is trying to show?? P.S. I don`t need to re-assure the deadbeat tenant - in fact I can`t put up with him anymore that`s why I want to sell - hopefully scare him off or get him to pay on time if I end up not selling.
My advice would be unless the property is supposed to be an income property - like a fourplex or an apartment building - do not try and sell a tenanted property. Suck it up and deal wiht the vacancy.
When you sell tenanted property this is what you set up for yourself:
1. You upset your tenants as they hate having strangers in their house or getting notices all the time
2. It will not show well and if your competition are owner occupied properties you will end up taking less money and/or help your competition sell.
You can`t have one foot on the dock and one on the boat so you need to make up your mind what you are doing with the property and then move forward.
My advice would be unless the property is supposed to be an income property - like a fourplex or an apartment building - do not try and sell a tenanted property. Suck it up and deal wiht the vacancy.
When you sell tenanted property this is what you set up for yourself:
1. You upset your tenants as they hate having strangers in their house or getting notices all the time
2. It will not show well and if your competition are owner occupied properties you will end up taking less money and/or help your competition sell.
You can`t have one foot on the dock and one on the boat so you need to make up your mind what you are doing with the property and then move forward.
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I am guessing you have not taken the time to read the RTA.
For the purpose of viewings for sale 24Hr written notice is required. Same guide lines as any 24Hr notice.
Give an estimated time, as close as possible, and you are permitted to enter if the tenant is there or not.
If they refuse access report them to the board enforcement office.
http://www.e-laws.gov.on.ca/html/statutes/...tes_06r17_e.htm
For the purpose of viewings for sale 24Hr written notice is required. Same guide lines as any 24Hr notice.
Give an estimated time, as close as possible, and you are permitted to enter if the tenant is there or not.
If they refuse access report them to the board enforcement office.
http://www.e-laws.gov.on.ca/html/statutes/...tes_06r17_e.htm
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QUOTE (invst4profit @ Sep 29 2010, 07:06 PM) If they refuse access report them to the board enforcement office.
Hey, it`s more simple than that: if they refuse access tell them you are calling the police. if they don`t let you in within 5 minutes, call the police.
this assumes you gave proper notice of course. tenants are not above the law. cheers.
Hey, it`s more simple than that: if they refuse access tell them you are calling the police. if they don`t let you in within 5 minutes, call the police.
this assumes you gave proper notice of course. tenants are not above the law. cheers.
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You don`t always require written 24 hour notice. Specifically when the tenant has given notice that they are moving out. For selling you need it. It is unlikely that anyone will buy your problem tenant unless it`s at a significant discount.
Entry without written notice
A landlord can enter a tenant’s rental unit without written notice if:
* there is an emergency such as a fire,
* the tenant agrees to let the landlord in,
* a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:
* the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
* the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).
Entry with 24 hours written notice
A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:
* to make repairs or do work in the unit,
* to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
* to allow a potential mortgagee or insurer of the complex to view the unit,
* to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
* to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
* for any reasonable purpose allowed by the rental agreement.
The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.
Entry without written notice
A landlord can enter a tenant’s rental unit without written notice if:
* there is an emergency such as a fire,
* the tenant agrees to let the landlord in,
* a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:
* the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
* the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).
Entry with 24 hours written notice
A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:
* to make repairs or do work in the unit,
* to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
* to allow a potential mortgagee or insurer of the complex to view the unit,
* to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
* to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
* for any reasonable purpose allowed by the rental agreement.
The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.