Legal Question in Real Estate Law in Washington

tenant won't let me show the house

Hello,

our tenant told us they are breaking the lease and are moving out on July 1st ( their lease is going until Sept 15th).

We told us that was ok as long as we can find someone else for July 1st. And ask them the permition to show the house. I schedule a viewing with them nobody was home and they left their dog inside so I cannot get in. I call tehm to reschedule and send them email but they won't reply at all. What can I do?


Asked on 5/29/08, 12:06 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: tenant won't let me show the house

If you give your tenant proper notice (date and time) that you plan to enter the unit to show it to prospective renters, you can enter even if they are not home. Now, if you are afraid of the dog and that's why you can't or really don't want to get in while the dog is there, I understand.

To alleviate the dog issue, you should give the tenant notice that since you are going to enter the unit on a given day and time, you need them to either keep the dog outside or to crate the dog. Personally, I'd call to try and talk this out, and then follow up with an e-mail to the tenant memorializing your conversation.

When you write to the tenant, you may also want to remind them that if you cannot lease the unit on July 1, they are responsible for the lost rent, so it is in their interest to help you find suitable replacement tenants. You should also remind them that if you can only find someone for a lesser monthly rent than what is currently paid, the tenant is responsible to make up the difference for July-mid September. So if you rent for $1,000 now and the next tenant only pays $800, then your current tenant is responsible for $200 a month in payment to you to make up the difference.

If the intransigence continues, I suggest that you then write to your tenants by certified return receipt mail with a delivery restriction to the names on the lease. Warn them that it's fine if they aren't there but that they need to control their dog when you go there, so that you can show the unit, and then remind them that if you cannot show the unit before they leave, that you will have to do so after they leave, in which case they are responsible for the lack of rent (taken from their deposit) given that no tenants will be ready to move in upon the tenant's move out.

If none of that knocks any sense into them, then be prepared for a nasty situation come July 1. I hope this at least helps.

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Answered on 5/29/08, 1:17 pm


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