Selling a Property While Evicting a Tenant: Why a Notice to Enter Is the Most Important Form You’ll Use
In my 20 plus years investing in real estate, I’ve learned that timing almost never lines up perfectly.
Tenants stop paying at the worst time.
Buyers want access immediately.
Sheriff schedules move slower than real life.
And right in the middle of all that, you’re trying to sell a property while an eviction is still in progress.
If you’ve never done this before, it feels uncomfortable. If you’ve done it a few times, you already know the real problem isn’t the sale or even the eviction.
The real problem is access.
The Situation Most Landlords Find Themselves In
Here’s the scenario I see over and over again.
You own the property.
The tenant stopped paying.
The eviction is filed and moving forward.
You’re waiting on the sheriff to give possession back.
At the same time, you want to sell.
Buyers need to walk the property.
Appraisers need access.
Inspectors need access.
Agents need to show it.
And suddenly the tenant who used to call you for everything is no longer answering the phone.
No calls returned.
No texts answered.
No emails read.
This is where a lot of landlords panic or make mistakes.
They either stop the sale completely or they walk into the property without proper notice and create a much bigger problem than they started with.
Eviction Does Not Mean You Can Ignore the Rules
This is the part many landlords misunderstand.
Even if you are actively evicting a tenant, they still have legal possession until the sheriff completes the eviction.
That means:
• You still own the property
• They still legally occupy it
• You must still follow entry rules
Eviction removes possession at the end, not during the process.
The law doesn’t say you can’t enter.
It says you must enter correctly.
Permission vs Notice: This Is the Key Difference
When a tenant stops communicating, landlords think they need permission.
You don’t.
You need notice.
Permission is optional.
Notice is mandatory.
A tenant does not have to agree to entry for valid reasons like:
• Showing the property
• Inspections
• Appraisals
• Maintenance
• Insurance visits
But they do have the right to be informed in advance.
That’s where the Notice to Enter comes in.
Why Phone Calls and Texts Are Not Enough
I’ve seen landlords try to explain entry later by saying:
“I tried calling.”
“I sent a text.”
“They never answered.”
That doesn’t help you in court.
Judges don’t care what you tried to do verbally.
They care what you documented.
A written Notice to Enter creates a paper trail that shows:
• You gave reasonable notice
• You entered for a valid reason
• You followed the law
Without it, you’re relying on memory.
With it, you’re relying on proof.
Selling While Evicting Is Common, Just Poorly Explained
A lot of people think selling during an eviction is risky or illegal.
It’s not.
It happens every day.
Banks do it.
Investors do it.
Estate sales do it.
Trusts do it.
What makes it risky is not the sale itself.
It’s sloppy access.
Most legal problems landlords face during sales don’t come from the eviction.
They come from entering the property improperly.
When You Should Use a Notice to Enter During an Eviction
Any time you need access and the tenant is still legally in possession, you should use a Notice to Enter.
That includes:
• Buyer showings
• Appraisals
• Insurance inspections
• Contractor walkthroughs
• Realtor photography
• Maintenance access
If the tenant is unresponsive, the notice becomes even more important, not less.
What a Proper Notice to Enter Actually Does
A Notice to Enter is not a threat.
It’s not an eviction notice.
It’s not a demand.
It simply states:
• Who is entering
• When they are entering
• Why they are entering
That’s it.
Clear. Calm. Professional.
When written correctly, it protects you and lowers the chance of confrontation.
Best Practices I’ve Learned the Hard Way
Here’s what experience teaches you, not textbooks.
Always post the notice in writing.
Door posting counts.
Email helps but don’t rely on it alone.
Take a photo of the notice on the door.
Keep it in the file.
Give reasonable notice.
Twenty four hours is the standard most landlords follow.
Enter at reasonable hours.
Middle of the day is best.
Bring someone with you when possible.
Agent, inspector, or contractor.
Never argue with the tenant.
Paperwork beats conversations.
What If the Tenant Is Home During the Showing
Yes, this happens.
No, you cannot force them to leave during a showing.
But you can still show the property if proper notice was given.
Most buyers understand.
Most agents are used to it.
Judges expect professionalism, not perfection.
Why Judges Care So Much About Notices to Enter
Judges see patterns.
Landlords who use written notices tend to:
• Follow the process
• Avoid harassment
• Stay professional
Landlords who skip notices tend to:
• Escalate conflicts
• Create unnecessary disputes
• Lose credibility
A Notice to Enter shows restraint and compliance.
That matters more than most landlords realize.
The Template I Personally Use and Recommend
To make this easy, I’ve included the exact Notice to Enter Word document template I use.
You can edit it.
You can brand it.
You can convert it to PDF.
You can reuse it across properties.
Here is the direct link to the Word document template:
https://docs.google.com/document/d/1g7WfWFrIf9CdZvMaS7O03hj6sPMo99QrmjpYQngqS1U/edit?tab=t.0
Download it, customize it, and keep it in your landlord toolkit.
This one form solves more problems than people realize.
Why I Always Recommend Written Notices Even When Things Are Friendly
Even when tenants are cooperative, I still use written notices.
Why?
Because situations change.
Memories fade.
Stories get rewritten later.
A simple form avoids all of that.
It keeps emotions out of it.
It keeps lawyers out of it.
It keeps judges happy.
Final Thought From Experience
Selling a property while evicting a tenant is not about speed.
It’s about control.
Control of documentation.
Control of access.
Control of risk.
The Notice to Enter is one of the simplest tools you have, but it’s also one of the most powerful when used correctly.
Most landlord problems don’t come from doing too much.
They come from skipping basics.
Paperwork feels slow until court feels slower.
Use the notice.
Document everything.
Keep moving forward.
If you want help structuring a sale with a tenant in place, navigating access during an eviction, or avoiding mistakes that cost real money, this is what we do every day.
You can book time directly here:
https://graystoneig.com/ceo
Keep it consistent, stay patient, stay true—if I did it, so can you. This is Jorge Vazquez, CEO of Graystone Investment Group and all our amazing companies, and Coach at Property Profit Academy. Thanks for tuning in—until the next article, take care and keep building!
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