Can a tenant refuse to let the landlord show the house to a buyer?

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Can a tenant refuse to let the landlord show the house to a buyer?

I own a house which I am renting out to a tenant, I have a interested buyer who wants to buy my house but wants to look at the house. The current tenants that occupy my house now is refusing to allow me to show it. Do they have that right? Keep in mind that they haven’t paid rent for 3 months now.

Asked on July 6, 2011 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The non-payment of the rent and the access to the house are two very different issues.  While you need to address the non-payment issue and getting them out (I am sure that the potential buyer will want the house vacant) you have  right to show the house and to enter it as the landlord.  Although this question is best asked to an attorney in your area, it is my understanding that as a landlord in Indiana you have a right to enter the unit to inspect, repair, make improvement or supply services or to show new tenants the property (and that would include prospective buyers) after giving the tenant reasonable notice.  24 hour notice has in most states been found to be reasonable. Good luck.


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