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I am going to list a tenant occupied rental property for sale. Can the tenant refuse entry to prospective buyers?

Massillon, OH |

What are both the owners rights and tenants rights in this situation regarding access to show the house to prospective buyers via a realtor? Is a 24 hour notice of a showing or a home appraisal etc. sufficient? Should this be in writing each time or is oral notification sufficient? I am on good terms with the tenant but I'm sure this will be annoying. I will probably offer financial incentives, payable on closing of the sale, to 'lessen the pain' so to speak. Thanks.

Attorney Answers 1


  1. You need to read the lease carefully and follow its terms with regard to access to the property. If the lease says 48hrs, you must give 48hrs. If the lease says written notice, you must give written notice. If the lease is silent on this issue, I would refer to http://codes.ohio.gov/orc/5321.04 regarding access. Assuming you follow the requirements of the lease and/or the law and do not abuse the right of access, the tenant cannot refuse to grant access without consequence. Good luck.

    I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.

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