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[quote=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
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