Question: I have a question about a tenant’s rights. If the owner wants to list their home, can they force the tenants to allow showings if they give reasonable notice? Do the tenants have the right to say, no, you have to wait until we have moved out to show the home? What are the rules in that situation?
Answer: Under section 6.1a of the REPC it says the following: (a) Long-Term Lease or Rental Agreements. Buyer agrees to accept title to the Property subject to any long-term tenant lease or rental agreements (meaning for periods of thirty (30) or more consecutive days) affecting the Property not expiring prior to Closing. Buyer also agrees to accept title to the Property subject to any existing rental and property management agreements affecting the Property not expiring prior to Closing. There are a couple of options for the Seller based on the rights of the Tenant in the Lease agreement. The Seller could possibly “Buy” the Tenant out of the lease, if the Buyer wants to purchase it Vacant. The owner cannot force the tenants to show, unless that condition was in the Lease agreement. However a potential Buyer may want to purchase the home with the Tenant in place. Therefore I recommend that the Seller and Tenant have a conversation regarding the Sellers desire to sell, and to get the Tenant on the same page. Perhaps the Seller can sell as a Tenant occupied property and the property becomes an Investment property. If agreed upon, they can work together for the benefit of both.