Homeowner right to sell, tenant occupied.

[AlejandroH]

undefinedWhat is the name of your state? Brooklyn,NY
I am the homeowner and want to sell the house which Right to sell??is occupied by tenants that are always late. Tenants are not allowing real estate agent to access the house for possible buyers. What must I do to be able to sell my house and remove the tenants obstruction of my efforts to do so? Must I evict first? Since the reason is to sell the house, is it different and faster than evicting the tenant for the purpose to re-rent the property? I feel lost! Help!

 

[I AM ALWAYS LIABLE]

undefinedWhat is the name of your state? Brooklyn,NY
I am the homeowner and want to sell the house whichis occupied by tenants that are always late. Tenants are not allowing real estate agent to access the house for possible buyers. What must I do to be able to sell my house and remove the tenants obstruction of my efforts to do so? Must I evict first? Since the reason is to sell the house, is it different and faster than evicting the tenant for the purpose to re-rent the property? I feel lost! Help!

My response:

If the lease had been violated, then you must start the eviction process. Until then, your tenants are entitled to the "quiet enjoyment" of their leased property. In other words, they are under no obligation to let you do anything with the property, and that includes allowing anyone on the property.

IAAL

 

[You Are Guilty]

My response:

If the lease had been violated, then you must start the eviction process. Until then, your tenants are entitled to the "quiet enjoyment" of their leased property. In other words, they are under no obligation to let you do anything with the property, and that includes allowing anyone on the property.

IAAL

Well, if he has a "NYC standard" written lease (Blumberg 55), it has the provision to have the tenant make the property available "upon reasonable notice" for purposes of showing to renters.

(Not that it would help actually rent the place, but it would be more crap to heap into the eviction proceedings.)