Tenant won’t leave for inspection

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

We stayed for the inspection when we were in her shoes. We work from home and we had already been inconvenienced enough by the lying realtors and owners. We were still paying the full price of $5,000 a month to live there so we were done being inconvenienced.

Same here. Also, our landlord had told buyer we were moving out, but told us that buyers would be our landlords. We had a 2 year lease and no plans to move, and were annoyed with endless showings to people who clearly intended to move in.

OP, it's her home. Would you let strangers rattle around your home unsupervised? Let alone take PTO for it?

It has nothing to do with them being tenants-99.999% of the time, the sellers leave for the inspection.

Right? People are so disrespectful to tenants.

OK, it sounds like the sellers (the landlords) won't be there. The renter is not the seller and she has a legal interest in the property as well

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

We stayed for the inspection when we were in her shoes. We work from home and we had already been inconvenienced enough by the lying realtors and owners. We were still paying the full price of $5,000 a month to live there so we were done being inconvenienced.

Same here. Also, our landlord had told buyer we were moving out, but told us that buyers would be our landlords. We had a 2 year lease and no plans to move, and were annoyed with endless showings to people who clearly intended to move in.

OP, it's her home. Would you let strangers rattle around your home unsupervised? Let alone take PTO for it?

Yup, we were in this exact situation, on the buyers side. We made it crystal clear in the contract that we wouldn't close unless the house was vacant, and we held to that, even though it pushed the closing date forward by a few months. In the end, the seller/landlord paid the tenant to leave and helped them find a new apartment.

OP -- you may need some more facts.

[Anonymous]

Anonymous wrote:OP what do you think an inspection is? It's just a dude walking around the house. You don't need the National Guard to stage an evacuation.

This made me laugh, and is absolutely true. Dude walking around the house.

[Anonymous]

OP what do you think an inspection is? It's just a dude walking around the house.

Just to mention, hopefully your inspector is doing much more than walking around the house. Inspections - done properly - are an invasive process.

And yes, the tenant has every right to be present during the process. As a buyer performing an inspection, I prefer the tenant be present. This is to avoid any accusations regarding missing or mishandled possessions. I don't know this person.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

We stayed for the inspection when we were in her shoes. We work from home and we had already been inconvenienced enough by the lying realtors and owners. We were still paying the full price of $5,000 a month to live there so we were done being inconvenienced.

Same here. Also, our landlord had told buyer we were moving out, but told us that buyers would be our landlords. We had a 2 year lease and no plans to move, and were annoyed with endless showings to people who clearly intended to move in.

OP, it's her home. Would you let strangers rattle around your home unsupervised? Let alone take PTO for it?

It has nothing to do with them being tenants-99.999% of the time, the sellers leave for the inspection.

Right? People are so disrespectful to tenants.

Sellers get to prepare the house for sale by getting a storage unit. Tenants won’t and shouldn’t pay to prepare the house for sale the same way an owner would.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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Anonymous wrote:Is there anything the new owner can do if the tenant stays? I'm pretty sure they are legally entitled to go month to month on the lease even if it ends.

Yup they can stay month to month if they want!

The tenant’s options depend on the jurisdiction and the lease.
But if OP’s sales contract requires seller to deliver unoccupied house, OP would not have to close and could sue the seller for breach of contract.

Yes, but it doesn't have to be unoccupied a week before OP signs the contract. It can be "occupied" literally up to the very minute OP signs.

I thought the OP stated that the lease goes through 12/1 and they close 12/15.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Is there anything the new owner can do if the tenant stays? I'm pretty sure they are legally entitled to go month to month on the lease even if it ends.

Yup they can stay month to month if they want!

The tenant’s options depend on the jurisdiction and the lease.
But if OP’s sales contract requires seller to deliver unoccupied house, OP would not have to close and could sue the seller for breach of contract.

Yes, but it doesn't have to be unoccupied a week before OP signs the contract. It can be "occupied" literally up to the very minute OP signs.

I thought the OP stated that the lease goes through 12/1 and they close 12/15.

Yes...and if the current owner wants, he can let the tenant live there beyond the lease. What happens in the house between 12/1 and 12/15 (when OP signs) is not OP's call.

[Anonymous]

Anonymous wrote:

Anonymous wrote:There is no correlation between the tenant not wanting to vacate for the inspection, and the risk they might not vacate when their lease is over.

This working parent has her hands full with her job and her toddler, and it's probably extremely disruptive to take her child and leave for a few hours.

You are very rude to expect this of her, and accuse her of disturbing you. It's YOU who are disturbing HER. She is under no legal obligation to leave. When she is legally obligated to leave, I am sure she will do so.

How irritating that busy mothers of young children are always blamed for everything. I am annoyed at you and your agent.

Not trying to sound like an AH but my agent thought it was odd and I felt it was odd. My agent has been in this business for 15 years and said he’s never once had a tenant stay. Just seemed odd to me that they’d want to stay when we are talking a 2/3 hour inspection with 4 of us there.

Imagine if something belonging to the tenant went missing during the inspection.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

We stayed for the inspection when we were in her shoes. We work from home and we had already been inconvenienced enough by the lying realtors and owners. We were still paying the full price of $5,000 a month to live there so we were done being inconvenienced.

Same here. Also, our landlord had told buyer we were moving out, but told us that buyers would be our landlords. We had a 2 year lease and no plans to move, and were annoyed with endless showings to people who clearly intended to move in.

OP, it's her home. Would you let strangers rattle around your home unsupervised? Let alone take PTO for it?

It has nothing to do with them being tenants-99.999% of the time, the sellers leave for the inspection.

Right? People are so disrespectful to tenants.

Sellers get to prepare the house for sale by getting a storage unit. Tenants won’t and shouldn’t pay to prepare the house for sale the same way an owner would.

Presumably the tenant has already been inconvenienced by having prospective buyers trooping into her rented home during the sale process. Where does the OP think the renter is going to go during the inspection? Should she get a rental refund for the time she is denied access to her home?

If the landlord wanted to show an empty house, they should have ended the tenancy and then prepared the house for sale. It seems that the landlord wants to keep getting rental income as long as possible.

[Anonymous]

IF this is in DC, I would be far more worried about the tenant staying in place after closing. DC is notoriously anti-landlord. Some law practices specialize in simply dragging out the tenant's occupancy to force a cash buy out (mentioned above) or simply to stay put at a favorable rent. This is why I sold my townhouse when I left the Hill. You don't want to be a landlord in D.C. Good luck, OP. Do not close until that tenant is gone.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

We stayed for the inspection when we were in her shoes. We work from home and we had already been inconvenienced enough by the lying realtors and owners. We were still paying the full price of $5,000 a month to live there so we were done being inconvenienced.

Same here. Also, our landlord had told buyer we were moving out, but told us that buyers would be our landlords. We had a 2 year lease and no plans to move, and were annoyed with endless showings to people who clearly intended to move in.

OP, it's her home. Would you let strangers rattle around your home unsupervised? Let alone take PTO for it?

It has nothing to do with them being tenants-99.999% of the time, the sellers leave for the inspection.

Right? People are so disrespectful to tenants.

Sellers get to prepare the house for sale by getting a storage unit. Tenants won’t and shouldn’t pay to prepare the house for sale the same way an owner would.

Presumably the tenant has already been inconvenienced by having prospective buyers trooping into her rented home during the sale process. Where does the OP think the renter is going to go during the inspection? Should she get a rental refund for the time she is denied access to her home?

If the landlord wanted to show an empty house, they should have ended the tenancy and then prepared the house for sale. It seems that the landlord wants to keep getting rental income as long as possible.

This is the right way to look at it. This is a greedy landlord. When we were renting many years ago (in a different city), our landlord wanted to sell the house at the end of our lease. He said that he wanted to start showing the house, and we said no. We didn't want open houses with strangers walking through the house that was full of our valuables. He even suggested that we could get some offsite storage where we could move our valuables--of course, he didn't offer to pay for that, and I wouldn't have gone for it anyway. So this tenant has probably already done more than she was obligated to do for purposes of selling the house. I would not want OP and some inspector looking through every room, closet, crawlspace, etc. without me there. My guess is that the tenant doesn't even need to allow the inspection, although maybe the lease requires it.

TLRD, OP is being self-centered

[Anonymous]

While I'm Team Tenant on this one, I wouldn't think she'd be a truly viable source of information about the house. She might be unhappy about about how the landlord has handled this, or unhappy with you for being so presumptuous, that she'll tell you anything to back out of the sale. Like: terrible wiring, fleas, sinkholes, or a collection of ghosts who hang out in the TV room.

In regard to the inspector, is this someone the realtor lined up? If that's the case, he won't be looking that hard. If it's someone you have lined up, expect a far more thorough inspection.

[Anonymous]

It's within their rights to stay.

[Anonymous]

Anonymous wrote:

Anonymous wrote:No. It's perfectly acceptable. They do not have to leave and they have legitimate reasons to be there. They aren't interfering with anything. You ATA.

OP here: I get they have a lease and can stay but it’s just odd to me and annoying and even my agent said she’d never once had a tenant stay during an inspection. I’m just worried about a toddler getting in the way during it.

First time home buyer?