September 17th, 2018 at 1:08 pm
We have a new sales listing. The sellers have an existing tenant. He apparently wants to stay in the sellers’ good graces because he might be submitting an offer to purchase. The tenant has agreed to cooperate with our showings. Should that agreement be in writing?
Answer #1: Not necessarily, but it’s a good idea. The law already requires a tenant to allow entry to prospective buyers during normal business hours if the landlord gives a written C.A.R. Notice of Sale and Enter (Form NSE), followed by a 24-hour verbal notice. Alternatively, you may enter the premises at any time with the tenant’s permission. Getting that permission in writing will help to avoid any misunderstandings.
Question #2: What form should we use to get the tenant’s permission in writing?
Answer #2: You can use C.A.R.’s Keysafe/Lockbox Addendum and Tenant Permission to Access Property (Form KLA). In paragraph 3 of the KLA, you can insert whatever dates and times the tenant will allow showings.
-Thank you to Chris Fryson (San Diego Central and Mission Hills Manager) for suggesting this week’s legal tip.
Copyright© 2018 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of September 17, 2018. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.
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