What to do if we are in the process of purchasing a short sale and the home has a tenant which will not allow for access for a termite inspection?

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What to do if we are in the process of purchasing a short sale and the home has a tenant which will not allow for access for a termite inspection?

The bank has notified us the file will close.

Asked on December 18, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, the tenant has to allows access for this purpose if his or her landlord--the current owner--requests it. Property owners always have a right to enter rental units, on reasoanble notice at reasonable times of day, to show the property for sale or rental, to inspect it, or to perform maintenence.  If the landlord has a copy of the keys, the landlord can provide the tenant notice (24 hours plus), then simply let himself/herself, you, and/or the inspector in. It's trickier if the landlord does not have keys or another way to gain access without tenant cooperation; in that case, since you'd have to go to court to get access in the face of tenant opposition, it may take too long and the file may close.


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