tenant moving but won't let me show apart

[jojo]

My tenant gave me 30 days notice, but won't let me show the apart. His lease states that the owner or owner's agent shall have to right to enter and inspect the premises upon 48hrs notice for the purpose of examining the premises or in order to make repairs.
I have given him 2 weeks notice, but he still won't let me show the place. He says that he doesn't have to let me show the place til he gone. Any help?

 

[NY Lawyer]

If your lease does not give you the right to show to prospective tenants it sounds as if you have a very poorly drawn lease. People don't like to have strangers coiming into the place, nor would you. There are valuables in there, etc. The provision giving the right to examine it will let you know if there are problems, but unless you state law or decsions say something else, it doesn't give you the right to show it to prospective tenants.

A landlord's form lease should give the right to show it to others on 24 hours notice within 30 days of expiration of the term or after notice of termination is received. Re read the lease. The provision may be place elsewhere than the emergency inspection section.

 

[jojo]

to NY Lawyer: I called the Housing and Credit Counseling Bureau and a counselor said that I DID have to right to access to premises to show a prospective tenant even if the lease didn't state that right and that if I lost a prospective tenant because of the current tenant refusing access I could sue for rent X 1 1/2. I chose however to resolve this in a more aimiable way.