Tenant Needs To Exit
Im purchasing a two family house with the intention of living in one side, renting out the other. The house is currently occupied by two tenants. Thier current leases have a clause that states if the home is sold the new owner can ask the tenant to be out within thirty days from the day of closing. Im going to make some time to talk to him face to face and then follow it up with a certified letter asking him to be out within that time. I am probably going to give him a little extra time if needed be but my worry is this is going to be a long drawn out squatter's rights issue. If everything is in writing am I going to be stuck if this tenant decides he is staying until he is ready to move? Also if that happens what recourse can I take to make him want to leave? :-?
Leases stay with the property. You can not kick a tenant out just because the property is sold.
Does the tenant have an written annual lease?
leases stay with the property, but the owner was smart and wrote in a get out of jail free card for the future. He stated that the leases currently have a clause in them that if he sells the news owner can notify the tenants in writing and have thedm move out. You CAN kick a tenant out with such a clause, and if they don't leave you have the right to evict him. If he doesn't leave in said amount of time, you will need an attorney to take care of the eviction proceedings. Careful consideration should be given tho, it may cost you more to evict then it would to let him complete his lease. :-D
If you have to, pay the Tenant to leave and voluntarily turn over the key (get it in writing and signed that this decision was not made under duress).
You shouldn't have any problem - just make sure you end the lease with the correct tenant.
Since most "proper notices" are to be delivered by the end of the month fro a 30 day period, I believe what you are suggesting is that you give the tenant notice on or around the 15th of the month before it is due - this should give them sufficient time to relocate, etc.
The tenant signed the lease with the understanding of the move-on-sale clause and although they may gripe a little; I'm sure they will move without too much hassle.
Just start out friendly and firm.
Am I the only one who reads it this way Lease states that if property is sold then the lease can be ended? Question why not put a clause in the contract the the seller has to remove the tenant let it be his problem not yours. Just my opinon
Hi everyoned,
Here is my 2 cents:Up your
tenants rent and give him a reson to
leave or 2 or 3 hundred www.dollars.It all
depends how much you want him out.
Have a good day
UNfortunately there is a lease in place that provides for rents and you cannot up the rent $300 arbitrarily in this case.
The best idea I have heard is to have the owner remove the tenant as a condition of sale...
[addsig]
Leases with such clauses are always a little strange. Problem is that if you get into a court of law and you get involved with what was the true intention of the parties and sometimes it gets a little sticky.
Soo in the real world, I make an appointment with the tenant. I sit down with him lease in hand and read it to him and ask what can you do to expidite the matter. Consider carefully you may want to keep him if payments were on time and he is a nice enough person. To terminate a tennancy without a clear plan as to your next move is not advisable.
Enjoy one of the little things of the landlords life.
Cheers Lucius
You can put in your lease anything you want "If tenant is more than 10 days late on the rent the tenant must surrender both his automobiles to the Agent". or "Tenant must stand on his head for 45 minutes". And you can both sign the lease. But that does not mean that it will stand up in court. However, writing it in a lease will help you negotiate with the tenant out side of court.
Brenda
Thanks for the feedback guys. Everything turned out very well. The tenant on one side had decided that move at the end of this month (she was month to month) and the tentent who I wanted out so I could live on that side have expressed interest in moving to the other side before I had to even bring it up.