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Should the Tenant Authorize MLS Access?

There is nothing more frustrating to a buyer, buyer's agent and even the seller and the seller's agent, than an uncooperative tenant in a house listed for sale!

Just in the past two days, I have attempted to show two listings that were both tenant occupied. I called and it was an "inconvenient time" for them.

If I am representing a seller and this happened, it is unacceptable! In this market, if you wish to sell your home, it MUST be available and EASY to show! "Appointment Only" is unacceptable to me and not having a lock box for access is absurd!

Now, I understand there are exceptions and certain circumstances, but they must be extenuating!

So, both buyers I was showing homes to did not get to see these properties... and have made other offers on different homes. Too bad, so sad for the seller of these tenant occupied properties.

Then... I get to thinking: The tenant has rights. There is usually a tenant - Landlord agreement or lease in place. Does the tenant need to authorize us as agents to utilize a lockbox, take pictures of their personal goods, etc. and have it displayed on MLS? Wouldn't be a bad idea, but what are the laws and rules on this, does anyone really know?

As far as cooperative tenants: "THANK YOU!" You make life much easier for your landlord (seller)!

I have heard of some landlords offering incentives to cooperative tenants, such as $10 for each documented showing toward their rent....or in cash! This will often assure the house is clean and available to show.

Any other thoughts on this matter, I would love to hear!

God bless!

Always looking out for your next move on Idaho Real Estate in the Boise Real Estate Market,

Don Wixom RE/MAX Advantage Nampa, Idaho

Always looking out for your next move...(sm) on Idaho Real Estate,

Don Wixom RE/MAX Advantage Nampa, Idaho

Posted by Don Wixom on 05/23/2008 10:02 PM

Comments (21)

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21 Comments on Should the Tenant Authorize MLS Access?

MAY

2008

I always have a meeting with the tenant and owner before putting ti on the market. It is important to respect the tenant rights a privacy.

Randy: Great idea! I wish all listing agents would do that... Thanks for the visit!

I've had written agreements in place WITH incentives, and STILL had problems showing. Either the tenant was having guests, someone was ill, excuses about the dog, or it's our mealtime- yea right at 3pm! What's up with that? The tenants simply don't want to show because they don't want to move.

Leolinda, I know.. It's very irritating. I always recommend to my sellers; If the tenant does not cooperate, give them notice to move out so we can sell the house!

Hello Don: I have 3 tenant occupied listings right now and they are all uncooperative! My client is trying to get the tentants out and they have all been served notice, but it could take a while for them to actually vacate. It is very frustrating for my seller client who NEEDS to sell these properties.

I love the idea of giving the tenant $10 toward their rent for each verified showing...that's a GREAT idea! Thanks for sharing.

MAY

2008

That is an interesting point/post. The tenant has right of possession and I would assume the best way to handle is to have it in the lease agreement...

Cheryl, I hope that idea will work for you and your seller! Thanks for reading my post!

Charles, I think it's best to have it covered in the lease agreement. I just think that if there is a savvy tenant, they may know their rights of "lease-hold" ownership... Thanks for reading!

They are smart. Some tenants are always reluctant to show, and their agents are too stupid or lazy to figure out what the tenants are up to.

MAY

2008

Jim, It's all about educating the seller and having the seller and listing agent educate the tenant. If it's done up front and without intimidation, it can be a win-win!

MAY

2008

Hmmmm, I can see how providing cash to the tenant for every documented showing would be a nice incentive. After all, it IS an inconvenience to the tenant especially if they are also keeping the home clean and show ready.

AUG

2008

Tori... When I heard about this, I thought it was a great idea!

AUG

2008

Our association requires tenants ok the use of a lockbox. Otherwise you take your chances. Either way investment properties in general are difficult to show.

AUG

2008

I'm in AZ, and do rentals as well as sales. Here, the tenant can ask for 2 days written notice to show. ANd I would NEVER put a tenant -occupied property on a lockbox. We tell sellers that renting AND selling at the same time is a bad way to do both. Choose one, and stay with it.

NOV

2008

Trey: Thanks for reading. How can the MLS have any control over the tenant?

Leslie: I guess with a 2-day written notice required, it wouldn't make sense to rent & list...not very smart, I'd say. Thanks for reading!

NOV

2008

Our standard leases state that (90) days preceding the expiration of the lease term, the tenant will allow a "for sale" sign on the property, along with a lockbox. If the property is being re-rented, then the term is (60) days prior to the expiration of the lease term. I don't believe the lease addresses the issue of how much notice a tenant is entitled to, but that is something that should be worked out between the owner and tenant, with the agent's input.

Regardless, though, I don't like listing or showing tenant-occupied properties and feel for both sides. It's a pain all the way around.

Here an owner only has to give the tenant 24 hour notice before entry. With proper notice, the tenant does not get to say that it is a bad time. However, reality is that tenants will try all sorts of things like denying that they received notice and not letting the buyers in, deliberately having the house a mess, staying for the showing and trash talking the house and landlord...

Hostile tenants are the worst. We have one house listed that we told the owner we could not schedule any showings for until the hostile tenant had vacated the house. Tenant occupied properties are a huge headache.

NOV

2008

I believe that it is up to the owner of the property to notify his tenants and let them know, in writing, what is expected of them when there are showings. It makes it so much easier to sell the property.

It's a Good Life!

Fran

It really doesn't matter what you have in writing. If you put the lock box on, give the tenant notice and go in the property they can still have the police called for trespassing. They are always in control of the situation. Sure you can kick them out but how long does that take.

NOV

2008

Susan: I like that issue being "in the lease", that certainly makes it easier for the seller and the agent, but you are right: They can still be a pain all around!

Brenda: Hostile tenants can KILL deals! You just have to get them out or cancel the listing... Or try to calm them by the incentive process...

Fran: I think it is always a good idea for the owner to introduce the agent to the tenant & make sure they know they can help each other & respect each other. Good communication is KEY!

Gene: Our tenant/landlord laws in Idaho will allow for access by the owner, so I think it is important to have that access by their agent in writing as well. Hostile? See above... Thanks for reading!

APR

I find this very interesting. I have always been a owner and I am renting while waiting for a home to be built. I can now see why tenants become hostile. During the 3rd month of my rental, I was informed (by the selling agent) that the house was for sale. They started demanding a lock box and asked to come into take pictures. I think the problem is you don't consider anything outside your commission. By the way I just got a call from the agent saying they want to show the property in 15 minutes and I am an hour away! Here we go again with why THEY need a lock box. Hostile-- you bet!!

OCT

Roger: Let me know how it all ends up... What a pain, eh!?

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