There are additional considerations when listing a property for sale with a tenant in place during the coronavirus pandemic. While the Landlord Tenant Act says the landlord may show the property to a potential buyer or tenant with a 24-hour notice, the tenant has the “reasonable” right to say no to a proposed showing of the property. In the current state of emergency, it would probably be considered reasonable for a tenant to deny access if the tenant is worried about exposure to the virus.
Furthermore, showing a rental property to a potential buyer would fall under the showing restrictions prescribed by the governor’s proclamation, which limits the number of occupants on a property to two. That means that if a potential buyer and the buyer’s broker want to tour the home, all tenants would have to vacate the property during the showing. There is nothing in the Landlord Tenant Act that gives the landlord the right to require the tenant to vacate the premises for a showing.
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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.