Eviction In Sub2
I'm going to take over someone's investment property SUB2, but their tennant hasn't been paying rent. If i take over the property SUB2 can i do the eviction or does the original landlord have to do the eviction? I'm not even sure that they have a lease agreement. 
Either way is fine. The title will be in your name. You should get a limited power of attorney from the seller anyway, that will unquestionably give you the right to do so without mentioning the title change. Is there an issue with the existing owner evicting? You could make it a condition of the deal. If the renters are family or close friends of the seller, you can do it if it's an uncomfortable situation for them.
Good luck,
Jeff
I wouldn't take title until they were out. That's just me personally. You never know what they (the tenant) might due...so I'm not going to make a sellers problem, my problem. Make them kick the people out or if the don't tell them to give you some $$$ to handle the situation. That's just me.
I would think that negotiating (price or terms) might be in order. If you have a non-paying tenant you may be facing a period of time before you receive any income, as well as, additional costs for the eviction. I know you are in FL but here in CA a determined tenant can maintain possession for months.
i would have the seller do the eviction but she knows nothing about RE investing or being a landlord. She is in way over her head with this property and wants out NOW. There is no equity in the deal either since it's a new purchase 100% LTV . It's going to cost me about 10K to bring it current plus pay the back taxes. But i figured if i get this tennant out of there i have a good opportunity for a RENT 2 OWN, LO. I really don't think she could handle an eviction, plus she doesn't want to be in this situation a day later. Suggestions? This may be one that i gracefully bow out of.
No equity and rehab and past due mortage and bad tenant. Do not be graceful and walk away. Run at the terms you have outlined above. May be able to do short sale with the lien holder and pay cash and get a discount where you may have some equity and get paid for curing the problems.
Good LUCK and HAPPY HOLIDAYS
Hope this helps some
Ted Jr
Ted the property is in great condition, it's in a beautiful neighborhood, and is a great condo to rent or LO. That's what's keeping me still here, if it needed rehab you're right, I'd try a SS and then run if i had no luck. But this is move in quality in a nice neighborhood.
A couple of thoughts:
1) Maybe get her to pay you to take it off her hands. It doesn't sound very good if you must pay all that just to get it.
2) Talk to the tenant. Maybe they hate the incompetent landlord but would be willing to work with you.
3) Don't forget about condo fees. They can be substantial and are probably in arrears too. Factor them into your possible rent payments to get the real net.
will do, i just hate seeing a property go, especially down here in South Florida because the increase in value is so substantial year to year