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Tenants Can Make Listings an Adventure

By
Real Estate Agent with eXp Realty 2021016812

We have all been there.  You compete and earn a listing for a piece of property.  You are excited to start the marketing.  There is one complication though, it is currently rented out.

I try not to get involved with listings that have tenants unless they are on month to month tenancy or are a multi-unit dwelling that buyers will want stable tenants.

You can help yourself by working with the tenants and try to minimize the impact on their lives.  This is their home and you at all times have to remember that you are adding a lot of stress in their lives. 

I meet with the tenants and the seller and explain that the home, (usually a condo or townhouse) is being sold.  We will do everything possible to make it as painless as possible. 

There are three possible outcomes:

  1. They work with us to help sell the home.  They can stay in the home during the sales process.  If the buyer is an investor who wants them to stay, they can continue on with lives without having to move.
  2. They work with us and the buyer wants to live there, they will at that time receive a 45 day notice to vacate.  They can move anytime during the 45 days with no penalty.  I will work hard with them to help find them a replacement home.
  3. Should they choose not to work with us, they immediately get their 45 day notice.  I will still help them to find another place.  After all I got in this business to help people get a place to live, not to kick people out.

So we met with the tenants, they have pledged their cooperation and away we go.

Well maybe not so fast.  I did remember to mention that there were tenants?  In the real world tenants have a vested interest in delaying the sale of the property and they find many creative ways to that.

Tenants can make or break you.  More times than not they may not break you, but they will at the least make you bend or twist.  Here are a few of the things that I have had tenants do:

  • Change the locks
  • Move out and leave the place trashed
  • Make showing appointments and then cancel at the last minute
  • Not allow any showings during the week
  • Leave dished I the sink all week long
  • Not allow a lock box
  • Tell perspective buyers about every negative and a few they made up
  • I had one move out, and drop the keys off at my office. Unfortunately they were not for his condo.
  • Move in family and friends with all of the personal effects
  • I almost forgot; I have had tenants delay their move date causing the escrow not to close on schedule.

I had one who cooperated with me as long as I sprung for lunch and a movie every Sunday, so her and her daughter had something to do while I held open houses. I didn't mind, because she actually helped us sell the unit.

I have not only helped several tenants find replacement homes, but helped them move. 

This is a people business and have found that every time I have gone the extra mile it has come back to bless me many times over.

Posted by

 

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Randy L. Prothero, REALTOR®

Broker-in-Charge, ABR, AHWD, CRB, CRS, e-PRO, GRI, MRP, SFR

eXp Realty

Team Leader - "The Prothero Group"

Randy Prothero is well established as an expert in working with military / VA clients and first time home buyers.  His home seller's (listing) campaign is one of the most aggressive marketing programs in the area.  His luxury home listings sell faster and for more money.

Based out of Mililani, Hawaii. Randy services the island of Oahu (Honolulu County) Performs mediations and ombudsman services for the Board of Realtors.  To improve overall professionalism in his area Randy also offers classes for real estate agents. 

www.HawaiiRandy.comOahu (Honolulu County) Property Search  Hawaii Military Relocations

Comments(27)

George Tallabas
RE/MAX Advantage - Nampa, ID
Idaho Real Estate
Amen Brother - I have had my exeriences good and bad.  Good piece of advice you give.  As more and more investors bought rentals in 2005 the more we will see listings coming on the market with renters.  "Lets get ready to rumble"!
Feb 23, 2007 12:07 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services
Boy tenants are a trip.  I have had nothing but bad experiences when tenants are involved.  Tenants who won't move out until 12:00 a.m although the closing was at 5:00 p.m.  Tenants who won't move out at all! It is really a difficult situation! 
Feb 23, 2007 12:14 PM
Christina Ethridge
The North Idaho Dream Team powered by SKE Realty Group - Coeur d'Alene, ID

When you have a good property management company, that includes provisions in the lease in the event of the owner selling, your problems become pretty much nil.

Feb 23, 2007 12:27 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

George - Thank you, in our market a lot of the rentals were converted to owner occupied.  As the rental market gets tighter the tenants get even more defensive.

Joan - I try to be patient and nice.  The last thing I want is a disgruntled tenant.

Christina - A good property manager can help.  If you get the listing and not the property manager they can also be a fly in the ointment.  The laws in Hawaii as many places give the tenant most of the cards.  I have seen the greatest tenant on earth can become your worst nightmare.

Feb 23, 2007 12:53 PM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

The one thing that I dread is when I take a listing that is vacant and before the property sells, the seller decides to rent it until it sells.  We've managed in the past to make it work, but it is not always easy.

 

Feb 23, 2007 01:55 PM
Aziz Abdur-Raoof
RE/MAX Rewards - Columbia, MD
Howard Co. Real Estate Scoop
Randy
A timely issue -- earlier this evening I met with a potential applicant and she asked if she could rent to buy and I thought --I want this person b/c of her attitude toward owning her own home.  Of course, she has to go through the applicant process.  

Feb 23, 2007 02:12 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Judi - In our listing agreement it states that they need to keep it vacant.  That is not always possible if they need the cash flow.

Aziz - I am always will to go the extra mile for a motivated client.

Feb 23, 2007 02:15 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Randy, I did a loan last year for a young kid who was buying his first Condo.  There was a tenant in the Condo who also happened to be handicap.  The loan was a CHFA Loan which has a 120 day rate lock.  It took all 120 days to get the tenant to move out.  It was a real nightmare.

Feb 23, 2007 02:36 PM
Michael J. JJ
Tucson, AZ
I always stay away from listings that have renters in them......I let you go now!
Feb 23, 2007 02:39 PM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker
When you are selling a multi unit house, it is wise to let the renters know you consider they are the "owners" of their unit for 30 days at a time.  Praise them for being good tenants, and let them know not to feel threatened or skiddish when you call.  Tell them the  person buying will want super duper tenants like themselves...watch them turn ten shades of red and say "ahhh gee" beaming. You want the tenant on your side.  If they are not particularly fond of the landlord, let them know the next one will no doubt do those little repairs...and ask them within reason, what could improve the place without costing all outdoors.  They know the place and often will suggest how to save on heat, which one tenant is a trouble maker that others get riled over, etc.  If there is an empty unit, try to get someone that gets along with the rest of the group..ask other tenants to help in the search for the Mr Rogers mild mannered renter who goes to bed at nine and everyone likes.  Give a day's warning...don't just barge thru...would you want someone arriving out of the blue with little or no notice? Bring only qualified buyers thru..and remember the seller hired you to sell the property...no chase away or harass his tenants.  So many tenants feel like brokers consider them one knotch below farm animals..parading in two hours late, or not calling if its going to be a no show...after many tenants leave to make the showing easy and end up wasting an hour of their Saturday for the dog and pony showing that never happened.  They tenants may become a future customer to buy someday too...while you are waiting for the prospective new owner to show up, tell them about financing, etc. Your job is to reach new prospects, to circulate and find new prospects...in that five unit, you have five potential customers who know others needing real estate services.  In a single family situation, you have to let the renter know they are that..a renter but you can make them a buyer if they get qualified, etc.  If they don't, make sure they don't take the one of the buyers aside and indicate they are buying s that the buyer ends up feeling like this one is gone.  Some renters kinda like the place and don't want to see it sell as they will have to move.  So they can bad mouth and in the case of a place with a private water source some have been know to respond to the buyer's questions "How's the water ?" with a "Well..the kids are sick alot...but maybe its not the water". Let the seller know there is sabotage a foot and if need be let the buyer know the water test is a small matter to clear that myth up.  And ask the renter, "So you're saying you are getting your drinking water from somewhere else? " When they say yes, ask them where the containers are they use to haul all their drinking/cooking water and watch the jaw hit the floor during the pregnant pause when Mister Bad Drinking Water is suddenly at a loss for words.  You may have to replace the renter too if the bad mouthing continues or the prospects feel badly that if they buy, that that nice renter will have to move and they hate to be the cause of the disruption. 
Feb 23, 2007 03:00 PM
Adam Tarr
MavRealty - Phoenix, AZ
PC -GRI, ABR, CDPE, RSPS, ePro - Designated Broker
Don't get me started! I think we're all with you on this one pal
Feb 23, 2007 03:28 PM
Gary Tsang
Northwestern Mutual - San Francisco, CA

I had one situation with tenants also... 

They were paying below market rent for a great 3 bedroom 2 baths unit in an affluent neighborhood.  When they were told that the building is being sold they at first was very welcoming and seemed to want to work with me.  But when the first Sunday open house roll around, they would not leave the house vacant, and insisted that this is the only day off they have and the whole family had to stay at home and enjoy their family day together.  They were watching TV, cooking, walking around, etc., while the open house was going on.  So I have to cut it short and left early to prevent any prospective buyer being deterred.  

Then it only got worst, I tried to contact her and give her a 24 hours notice to show unit during the week day.  She will never answer the phone.  So I was forced to leave her a message and not sure whether she got it or not.  So every time I had to haphazardly enter the unit thinking that someone might be inside.  Sometime they were and sometimes there weren't.   And almost all the time when I was able to go in while no one was there the back bedroom door is always locked!  So I have to call her again so many times to reschedule... Gosh!  That has been the biggest nightmare I have had with tenants.  Not to mention the back stabbing and trash talking the tenant was saying about me to the seller.

But what made it worst was not the tenants, but the sellers.  They weren't very helpful and were actually being victimized and scared of talking to the tenants.  The seller must have been bullied by the tenants for a long time already.   Anyhow, make a long story short, my consistency and patience eventually paid off.  When they were mad and nasty with me I just kept my calm and be better and nicer to them.  There was no way to get mad at them as it only shows your weakness and they will win.  

This is just my 2 cents with tenant, I hope you get something from it.  But I would really recommend consult with a lawyer whenever you have any tenant / owner situation as that is not our best interest to be a part of it.  

 

Gary 

Feb 23, 2007 04:54 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

George - My worst was one where I represented both the buyer and seller.  The buyer needed to close the sale which we did.  It took a few more months to get the tenant out.  My buyer was going to take a financial hit as a result.  Without hesitation I pulled out my check book and wrote a fairly large check to cover her losses.

Michael - I don't always have that option.  I have turned down a few because of the tenant situation.

Andrew - Fortunately we do not have heat or private water sources here on Oahu.  Two less things we have to deal with.  I always try to accommodate the tenants, but the reality is some will not work with you and you then need to go to plan B.

Feb 23, 2007 08:33 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Adam & Sharon - I wouldn't want to get you started.  LOL

Gary -   You hit on a great point.  When they have below market rents they will generally be less than cooperative.

Feb 23, 2007 08:37 PM
Diane Bell, Hilton Head Real Estate, Bluffton
Charter 1 Real Estate, Hilton Head, Bluffton, SC - Hilton Head Island, SC
Tenants can really complicate a sale.  I'm just getting ready to list a nice property this week and it's the same situation.  Many thanks for sharing your thoughts  on this--I'm sure it will help my sale.
Feb 24, 2007 12:11 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645
Diane - I have an apartment house coming up.  All offers will have to be subject to inspection, because we have no practical way to show the units to prospective buyers.  Investors understand that on a multi-unit dwelling.  When it comes to single family units it really is a disadvantage to the seller.
Feb 24, 2007 04:20 AM
Vita Strakhman
Coldwell Banker Residential Brokerage - Upper Saddle River, NJ
Bergen county Realtor
Randy, I am about to sign a listing agreement with a seller, who has tenants on a month-to month basis.  I met with the nusband, who seemed nice enough - he was ok with lockbox (as long as I give him notice); I even brought couple of listings in his price range, hoping to kill two birds with one stone (the owner really wants them out); he said, when I tell him that I have an offer, then he'll utilize my services to look for another place to rent.  My big problem with it, is there is A LOT of chachkes all over, walk-in closet is filled to the rim, guest bathroom is a mess! I actually politely suggested to pack some things up, of course he balked at it (are you trying to tell me which things are more important than others?); I don't even know the best way to take pictures without including all these things in it.  Do you have any suggestions on the best way to handle it?  Not taking the listing is not an option - a seller is a sweet older lady, who is counting on me to get her out of this mess.
Oct 16, 2007 06:29 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Vita - The tenant could be given plan A and plan B. 

"Plan A" is the nice way.  He helps you sell it by cooperating and cleaning it up.  You then do eveything possible to help him relocate if the buyer does not want a renter. 

"Plan B" you get the eviction notice today, so we can sell the home.  Either way the home is to be sold.

I find most tenants will work with you if you show a willingness to minimize their pain and inconvenience.

Oct 16, 2007 07:18 AM
Vita Strakhman
Coldwell Banker Residential Brokerage - Upper Saddle River, NJ
Bergen county Realtor
Thank you Randy for your response! 
Oct 16, 2007 10:20 AM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645
Vita - You are most welcome
Oct 16, 2007 08:51 PM