Can I show my apartment to prospective tenants while there is a guest?

[Pavel132]

Someone has rented my apartment for a 30-day stay. During the tenant's stay, I would like to find a long-term tenant.

Can I show my apartment to others from time to time? Can the guest forbid me from doing this?

[Helen350]

I disagree, & find that very harsh @Robin4 !

- I can fully understand that in the current climate, a host may feel the need to get a long-term tenant & a guaranteed income, cos who knows when STRs will be profitable again? If you STR just for fun, & don't need the money, then sure, you can wait till travel & tourism start up again.... But if you depend on the income, as many many hosts have testified here, then you have to let your place where you can....... Which does NOT imply any callous disregard for whoever is renting your room at present, be it 1 night or multiple nights....  (You can be everything a guest would want in a host; the most wonderful caring, sharing, considerate host, and still need to conduct your business, maximize your assets... I see showing round the next tenant in the same vein as not allowing free overstays or parties - not wishing to be inhospitable, but just doing what needs to be done!)

In the UK we have legal right of access into lodger rooms in our OWN house at all times - tho' obviously any decent landlord would  choose their moment! And negotiate.

Regarding entire place listings/rooms let separately with shared space listings, the landlord - in the UK - has the right to enter with 24 hours written notice. This includes "to show prospective tenants or purchasers around the property."

[Robin4]

@Helen350 

Hi Helen, as you would probably know, I most often do not take to hosts critically, and I did think about that post before hitting the reply button! This was the second thread opened  up by Pavel regarding accessing his property whilst guests are in it. He wasn't after a tactful way to approach what he wanted to do....he simply wanted to know if he could do it!

I understand that the landlord has a legal right to enter his space and that is fairly much the same from one country to the next Helen. Pavel may very well offer a great property and be a good landlord although he doesn't really have any experience as one to this point.

There are lots of things you can legally do, and as a landlord entering your property is one of them, but my comments were directed more at the way Pavel wanted to go about it. 

There is a substantial difference between being a landlord and being an STR host. 

As an STR host we are inviting people into our properties to have them experience our lifestyle and our surroundings. They are our guests, paid of course but, our guests. We treat them with a level of courtesy we would not ordinarily treat a tenant! 

Being a landlord, a tenant is tolerated in the let space as long as rent is being paid, a list of regulations are agreed too, and regular property inspections are a pre-requisite.

From Pavel's two posts my feeling is, he sees his guests as tenants rather than guests, so that is why I stated he should concentrate on long term tenants and direct his efforts there rather than with Airbnb.

Different strokes for different folks, Helen.

Cheers......Rob

[Helen350]

I agree @Robin4 & I had not seen any other posts from Pavel, so was giving him the benefit of the doubt regarding his attitude!

The difference between LTR & STR is less clearly demarcated with  my little cottage next door at present.... Since a major refurb, I re-opened just over a year ago, & decided to let it fully furnished, with each of the two ensuite bedrooms being let to separate tenants, with a shared living room & kitchen. One of my current tenants is a lady who stayed in my Airbnb rooms for a week in October & happened to mention she was looking for her own place, (tho' going home weekends) - just as one of the tenants had given notice! So I showed her round on the spot, having hollered up the stairs was it OK to do so! 'Cool!' came the reply, & I had my new tenant minutes later! 🙂  (With a tenancy agreement!)  With the lockdown, the original tenant went home to mother, and now I'm bunging a carer chappie in there 4 or 5 days a week, 3 weeks out of 4, rather than have him chez moi... He's not getting a tenancy agreement, strictly cash on arrival, since our government gave renters permission not to pay the rent during the lockdown! - It's all working out  rather conveniently! And both the cottage tenants are ex-Airbnbers!

[Robin4]

@Helen350 

How good that you are able to keep the wheels of progress turning around Helen. I am really pleased for you, but please don't take any risks!

I am a little disappointed that we, who don't need it, seem to be getting a guest or two when a lot of those that really do need it are having to go without. 

I said in another post (the way we are going) we won't have a Covid-19 case in this state within 10 days, so, I have my calendar open a fortnight from now for local guests...or guests from this state only.  That might seem like I am taking a risk but we haven't had a new case for the last 4 days, have only had 3 new cases in the last 10 days and our active cases for the state stands at 31 this morning.

I wanted to turn off Instant Book for this period of time Helen, so I could vet any requests that may come,  but Airbnb make it so hard and one gets threatened with all manner of punitive action if we proceed to disable it. Disappointing, you would like to hope the company would work with us over these difficult times, but, such is life! 

I think I am safe though because state and international borders are still closed and nationally we are in a good space now that the Ruby Princess has departed our shores! Almost half of Australia's total infections came as a result of the Ruby Princess cruise ship which was allowed to dock and spill 2,700 passengers and 1,200 crew (many infected) into Sydney without any health checks.....a complete debacle!

Stay safe Helen, good to know you are okay and still able to safely host.

Cheers.....Rob

[Helen350]

@Robin4 "We who don't need it" - Oh I DO need it, believe me! Letting rooms to paying guests is my ONLY source of income......  (Sell the cottage? I'd make a loss given the cost of the rebuild! No, I need it as income.)  But yes, I'm blessed to be "keeping the wheels turning"!

Edit: "We who don't need it" - I re-read... Ah! You meant yourself & Ade, not me, makes sense! (And it's usually ME who tells others they've mis-read, misinterpreted!)

[Pavel132]

Thanks for being so condescending and patronizing, although I didn't ask for that. I have spoken to the guest and he had no problem with 24-hour notices before showing the apartment to prospective long-term tenants. I don't understand why you think that my attitude was somehow untactful, there was no hint of that. I always treat people with respect, not only guests, but all people that I meet, even strangers. And sure enough my attitude is always respectful and tactful. Yours, on the other hand, is not, as your condescending post has shown.

Also, I'm renting out this luxuriously furnished apartment via AirBnB with steep discounts - to the degree that the price for one month short-term furnished is lower than the long-term price (non-furnished) is going to be.

[Pavel132]

(The message above was addressed to @Robin4.)

[Christine615]

Actually - no. You can't. If you have rented a space to another person, they have full rights to the space and the privacy that goes with it. In a standard long term lease you would have to give 24-48 notice to enter the apartment and only if there was a repair or emergency needed. (less if warranted.) What you can't legally do is show strangers an occupied space. This is especially problematic if it's a STR. Then you're bound to whatever the terms of service are under Airbnb's policy.

I know that a large out of state investor took over blocks and blocks of apartment buildings in my neighborhood and when my daughter wanted to look at an apartment they showed her a similar vacant apartment but said they couldn't show the ones still occupied.

You leave yourself open to any accusation of theft or damage if you allow strangers into a space where someone else has their belongings. Unfortunately, you'll have to wait until they leave unless you have their written permission.

[Pavel132]

Thank you for your opinion. I have received other opinions about this matter, and some have been quite opposite to what you say.

[JJ48 · Accepted solution]

@Pavel132  I think you asked a similar question recently.  Again, it will depend on your local regulations regarding landlords and tenants.  It is likely that your guest staying for a month will be considered a tenant in which case you would both have rights under the landlord-tenant law.  If this is true in your area then you may be have the right to show the apartment if you give your guest the appropriate amount of written notice - again, check your local laws as this can vary from 24 to 72 hours typically.  And definitely be respectful regarding it all with your guest. 

[Pavel132]

Thank you for your post. The guest has agreed to show with a 24-hour notice.

[Marcia102]

So given the fact that showing the apartment was agreed upon prior to booking and I, the landlord, have now notified the current guest of a showing in 2 days, what would be proper wording to her to make sure the apartment shows well (i.e., beds made, dishes done, etc.).  Thanks

[Karol22]

I see a lot of people giving advice here but the real answer is very specific to your local jurisdiction. It really depends on what your tenant/landlord laws allow. And then there's requirements on what notification you need to give and if you can enter for reasons to show another prospective tenant.