[mariareynaga]

I'm renting-out my house and the tenant changed the locks, did not give me keys and refuses to give me copies. I'm trying to sell my house (it's in foreclosure with auction date of 10/30/07) and need to sell it before. The tenant does not let anyone see the house and refuses to let anyone in. What can I do?

[MarkRealEstateConsultant]

I'm renting-out my house and the tenant changed the locks, did not give me keys and refuses to give me copies. i'm trying to sell my house (it's in foreclosure with auction date of 10/30/07) and need to sell it before. the tenant does not let anyone see the house and refuses to let anyone in. What can I do?

Go to court and get an eviction filed for breaking the lease PROVIDED you used a standard lease containing the clauses about no cahnges to the home without written approval and inspection shall be reasonably granted. The two clauses that should be in your lease are:
Alterations and Repairs by Tenant:
Unless authorized by law, Tenant will not, without Landlord's prior written consent, alter, re-key or install any locks to the premises or install or alter any burglar alarm system. Tenant will not remodel or make any structural changes, alterations or additions to the premises, will not paper, paint or decorate, nor install, attach, remove or exchange appliances or equipment such as air conditioning, heating, refrigerating or cooking units, radio or television antennae; nor drive nails or other devices into the walls or woodwork (a reasonable number of picture hangers excepted), nor refinish or varnish, paint or sand wood floors, nor change the existing locks of the premises, without the prior written permission of the Landlord or his Agent. Any of the above-described work shall become part of the dwelling.


Landlord's Right to Access and Inspection:
In addition to the rights provided by applicable (your state) law, in the event of an emergency, to make repairs or improvements or to show the premises to prospective buyers or tenants or to conduct a monthly and/or annual inspection or to address a safety or maintenance problem or to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease, Landlord or Landlord's duly authorized agents may enter the premises. Except in cases of emergency, Tenant's abandonment of the premises, court order or where it is impractical to do so, Landlord shall give Tenant reasonable notice (generally 24 hours in non –emergency situations) before entering. Furthermore, Landlord retains a Landlord's Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the leased premises.

Landlord's Right to Access and Inspection:
In addition to the rights provided by applicable (your state) law, in the event of an emergency, to make repairs or improvements or to show the premises to prospective buyers or tenants or to conduct a monthly and/or annual inspection or to address a safety or maintenance problem or to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease, Landlord or Landlord's duly authorized agents may enter the premises. Except in cases of emergency, Tenant's abandonment of the premises, court order or where it is impractical to do so, Landlord shall give Tenant reasonable notice (generally 24 hours in non –emergency situations) before entering. Furthermore, Landlord retains a Landlord's Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the leased premises.

[ScottGem]

You might also explain to the tenant that if the house is foreclosed their lease is void and they will have to get out. But if you can sell it, the new owner will have to honor the current lease. So its in their best interest to help get it sold,