ending tenant lease

[Anonymous]

I have a newborn so am not thinking clearly. I think this is obvious but want some feedback before proceeding or paying a lawyer for advice.

We own a rental property we want to sell.

We have a tenant in the property and his lease is through May 31.

The lease stipulates that the tenant must allow the realtor to show the property should it go up for sale, and that it must be in "presentable" condition.

In January, I contacted tenant, told him we were considering selling and asked if he'd be interested in buying or renewing his lease for another year. He said no to buying, that he wanted to move, but that he might want to go month-to-month after May 31. I said, okay, we can go month-to-month until it sells.

In the beginning of March, I confirmed that we'll be selling, that we'd like to put it on the market April 15 (6 weeks before the end of his lease) and connected him with my realtor who spelled out the listing/showing process. I also clarified that the earliest closing date we would permit is June 1 and that he would get 30 days notice of a sale, giving him time to rent another place. I also agreed that he could stay month-to-month until a sale, with 30 days notice for a sale.

Okay, so I go have a baby, and assume things are moving along. Yesterday, I get an email saying that the listing process is causing him a great deal of stress and that he's not going to "go out of his way" to comply with showings. Then my realtor calls, tells me the condo is filthy and that my tenant is an a$$hole and has been causing problems in his real estate office (asking agents to show him things, then trying to negotiate directly with other landlords to cut the agent out...).

So I email tenant, ask what's up. What about the showing process is causing him stress, what can I do to alleviate it, etc. He responds saying that the whole thing isn't what he expected (then tells me that he's sold property before, so I don't understand what could be different) AND that he wants to stay until June 31 because he is having a hard time finding another apartment and he doesn't want me to "hang him out to dry" when he had no idea that he'd have to comply with showing the apartment. (Remember I emailed him in January, and there is a provision in the lease).

Now, if he's not compliant with the listing process, the condo won't show well and I'll lose $. I can't just say, you have a contractual obligation... because he has the power to cause more damage.

I have 2 solutions to propose. Let me know if these sound good/legit.

1) list the property for 10 days. Hire a cleaning service for him and see if we get an offer right away. Give him 30 days notice, close May 31. Deal with him griping about inspection/appraisal, etc. If it doesn't sell in 10 days, take off market, terminate lease May 31 and relist. For context, last year I listed the property anf got 2 offers in a week but neither worked out.
advantages: I don't have to pay mortgage for June. Deal, done.

2) tell him I want to terminate his lease May 31, list the property then.
advantage: don't put the place on the market looking sub-par.

Thoughts? Even though I'd said he could go month to month until it sells, I still have a right to end his lease with 30 days notice--right? If there are mixed opinions here, I'll pay a lawyer to find out for sure. But we are selling bc we are in a tight financial position so trying to be frugal.

Oh, and the property is in another state. Oh, AND, tenant is a lawyer.

thanks

[Anonymous]

#2, hands down. Get him out under the terms of the lease, period, full stop.

[Anonymous]

I was a tenant a few years ago when my landlord's realtor started showing the house prior to my moving out. They had viewings at all times of day and evening. They were meant to call first but rarely did. I would walk downstairs and find strangers in my kitchen. It was AWFUL. It's also a huge inconvenience to keep a house (or condo) in show room condition at all times and you have no control over what it looks like while your tenant is still there. Your tenant may have a legitimate issue if the realtor isn't being considerate.

My advice -- get him out and then put the place on the market. It'll be much easier to sell.

[Anonymous]

I second the get him out then sell. Give him notice (in writing, certified) that you will not be allowing a month to month extension and he must vacate the property by May 31. I suspect you may have difficulty removing him from your property so you probably don't want to sell it then have the sale fall through because of him.

[Anonymous]

Can you imagine how inconvenient it is to randomly have people showing up at your home all times of the day? I went to see a house where a tenant still lived there. The kids were home with the baby sitter. One boy was running around naked, the other was in his underwear and you could tell from the house that they weren't expecting us. I was very uncomfortable, I can only imagine how it would be to have that be your home.

[Anonymous]

Just know that, depending on state law, you may have to give the tenant more notice since you are now, technically, evicting him. In DC it's 90 days.

[Anonymous]

I think you list a few key items:
tennant = lawyer
tennant = asshole
I would simply end his lease, and boot him out. Your choice is, show the condo w him leaving the place looking like a potential dump, or showing the condo empty, but clean. I think it is an easy choice.
So you miss a rent for a few months? Less headaches may be more than worth it.

[Anonymous]

I just reread your post. If he is in violation of your lease (by not allowing or cooperating with the real estate agents) I would ask him to comply verbally and notify him that you will begin the eviction process for failure to adhere to the lease. If that gets him to straighten up, great. list your property. If he says he is still unwilling to comply then start the paperwork.

[Anonymous]

you need to check the state law where the apt is.

[Anonymous]

OP here. Thanks to all of you. I totally agree that it's a pain to show a place while you are renting--that said, the realtor and I have gone out of our way to make it accommodating (realtors can only get access once he's approved showings, I offered to hire a cleaning service weekly, etc which makes me nervous that he won't approve showings or put his dirty clothes away, etc.) I'd thought this would work because he rented the place as his pied-a-terre and I'd assumed he was still only there a few nights a month. But apparently he has completely moved in, so I understand why it's a slightly different situation.

He's not (yet) in violation of the lease as he's agreeing to show it (begrudgingly).

My question--and I guess I'll call a RE lawyer--is, if I change my earlier stance that he would be allowed to go month to month if the property doesn't sell, am I technically evicting him? Or am I allowed to enforce the original lease termination date. Our agreement always implied a likelihood that he'd need to be out on the 31st, as the listing agreement was made such that if we got an offer in April, that would be the earliest closing date.

UGH!

[Anonymous]

I think you are entering the area of tenant laws which are usually highly in the tenant's favor. Before going down that path with lawyers, etc. I would consider offering him a lum sum (one or two months of rent) just to vacate in 30 days. Get the agreement in writing and move on. You will be so much happier when he is out and you can thoroughly clean and stage the place. It will sell faster and you'll recoup the $$ you spent getting him out.

[Anonymous]

Anonymous wrote:I was a tenant a few years ago when my landlord's realtor started showing the house prior to my moving out. They had viewings at all times of day and evening. They were meant to call first but rarely did. I would walk downstairs and find strangers in my kitchen. It was AWFUL. It's also a huge inconvenience to keep a house (or condo) in show room condition at all times and you have no control over what it looks like while your tenant is still there. Your tenant may have a legitimate issue if the realtor isn't being considerate.

My advice -- get him out and then put the place on the market. It'll be much easier to sell.

I had this happen to us too - I was a tenant with a 4 month old when our owner put the house on the market. Agents were awful, no one cared that we had a baby, etc. We ended up leaving in 30 days because I couldn't stand it.

I'd terminate the lease and show the property. It's hard enough listing a house, you don't need a third party messing with things!

[Anonymous]

remind him that you have his deposit and that he needs to comply or you will be visiting him every few days to check up on the condition of the unit.

[Anonymous]

Anonymous wrote:I think you are entering the area of tenant laws which are usually highly in the tenant's favor. Before going down that path with lawyers, etc. I would consider offering him a lum sum (one or two months of rent) just to vacate in 30 days. Get the agreement in writing and move on. You will be so much happier when he is out and you can thoroughly clean and stage the place. It will sell faster and you'll recoup the $$ you spent getting him out.

HELLL NO, you have his deposit tell him that you won't take it all if he complies with the showings and cleans up the unit.

[Anonymous]

Anonymous wrote:remind him that you have his deposit and that he needs to comply or you will be visiting him every few days to check up on the condition of the unit.

this is illegal, and the lawyer tenant knows it. you can only deduct for damages beyond normal wear and tear. you can't coerce people with the deposit, it's dumb.