Getting rid of a tenant
My boyfriend and I just closed on a building. It is a four story, four unit building which is fully occupied by tenants who have all been living there for a few years. Our plan is to combine the basement and first floor apartment, creating a duplex for us to live in. The lease issued…
My boyfriend and I just closed on a building. It is a four story, four unit building which is fully occupied by tenants who have all been living there for a few years. Our plan is to combine the basement and first floor apartment, creating a duplex for us to live in. The lease issued to the two tenants who currently occupy the first floor unit expired Aug. 1st and was not renewed by the previous landlord (since he knew we wanted the unit for ourselves). We would like to give them two months notice to move out so that we can move in. My question is, what is the best way to go about giving them notice? Do we write them a letter? Speak to them in person? Do we do both? We would like to handle things in a fair and amicable manner. Any words of advice appreciated.
Trust me when I tell you. I’m going through really tough times with a tenant in Ft Myers, Fl. I feel completely helpless. It feels like someone has gone in my house and robbed me. These people have not paid for three months. I don’t live in the same part of the state. So its difficult to do evictions. I would love for laws to protect the landlord and not so much the tenant. No one imagines how angry I feel towards them. The law is frustrating, I mean their in my freekin house for crying outloud. The nerve. They owe me more than $6000.00 along with accumulated late fees. I have a great attorney and i will
make sure the f—-ng pay me. I hope all landlords out there learn from this. Do research on these strange people moving into YOUR home.
I would talk to them and generously offer an extra month’s time to move out (2 mos). However, I would insist in exchange, that if they take longer than that, they will pay liquidated damages, etc., that will discourage them from holding over.
If they dont agree, then they will likely be a problem so you can hire a lawyer now so (s)he can make sure all of the paperwork is done correctly from the beginning.
The landord-from-hell comment was not just because one wants to live in a tenanted apt that you own, that’s perfectly reasonable. It’s for those on this list who clearly begin by assuming the worst, tell posters how bad it will (not can) be, advice them to not be kind to tenants, and, generally, act in a, shall I say, less than kind manner.
It’s attitude I’m talking about. “get rid of tenants” “don’t let them jerk you around” “start eviction proceedings”. Well, all I can say is that I’m happy not to be part of that ethos, and I think it shows in my experience. If that’s smug so be it.
I can also say, in the experience of several of my friends who rent, none of their landlords act like this. So this site must attract a special subset of paranoid landlords.
We too need to do the same thing with our tenants to renovate the apartment. we aren’t planning on doing it til the spring though…is it ok to give them 5/6 months notice…i feel like i’ve heard that you shouldn’t give too much somewhere on this forum? it would seem like the nice thing to do…they are somewhat good tenants, not the best.
There are reasons a person might buy a house with tenants and you don’t have to be a landlord from hell to want an apartment to live in for yourself or to renovate. Perfectly lovely people who try to be human beings and get the above done have trouble getting the tenants to vacate the apartments. That is what the eviction process is about.
This is the process. You give 30 day written notice (or more) saying that you are not renewing the lease and the person may vacate. You do it by certified mail, in person and on phone. If the person is not out of the apartment at the end of the lease (or de facto month to month lease at the end of the 30 days), then you do not take money from tenant, file a holdover petition with the courts for which you can get a court date with the tenant within 30 days. You either arbitrate or go to trial and the judge listens to tenant and can give them up to 6 months to move out. The reason is simply because they do not have a lease. The tenant must abide by the judge’s decision, pay you and leave at the end of the period. Otherwise a US Marshall physically evicts them.
It is always better to get the person to move on their own, i.e. donatella’s friend’s solution. If you can correctly scope out the true situation and convince the person to move within a certain framework, wonderful. But you must understand the eviction process.
2:22 – you have great tenants, you are extremely lucky, but have you ever had tenants you had to ask to leave? That is the situation here. If you’ve never had to do it, you would be shocked at how pleasant-enough tenants can turn to nightmares facing this situation.
I had an inherited tenant that I did not renew the lease to and it was a horrible experience which I didn’t enjoy, but was necessary.
Discuss with the tenant a notice you give to them in person, followup with certified mail copy. Set time limits for the tenants to respond. DO NOT let these limits linger, agree on a time to be out and keep with it.
Keep Marc Aronson’s contact information as the next step if you can’t work things out. His office can also issue lease nonrenewal notices,it is not “more” legal, but official lawyer letterhead indicates you are serious to some people and might be the push if need be.
There are always people who could be easily classified as landlords from hell on this site. If you assume people will screw you, you will be screwed (as 6:15 obviously has been, judging from his attitude). Don’t listen to people who have issues with normal human interaction.
In twenty years as landlord, I have never had any of these problems. If I have such, I will chalk it up to one bad apple (or two) but I will not assume it the norm.
Amazed at purchasing a home with tenants? What’s wrong with that? Particulary if you need the income and the tenants are ok (which, contrary to the l-f-h gang, is true for the vast majority.)
We bought a house with a tenant, best thing we did as our renovation took (suprise) longer than planned and having the on=going rent helped. They also fed our cats when we were out of town and we walked their dog. Surprise!…we actually talked to them and got to know them as people, not rent-paying machines.
I am quite amazed at the number of people who purchase homes that are occupied by tenants. Don’t their lawyers advise those who dont know better about the risks and problems that they might incur?I pray that your tenants are cooperative.Whatever you do, keep good records pertaining to notifications made to your tenants in regards to them having to move.Certified/registered letters is a must in addition to having a conversation with them. If you have to speak to them by phone, use your cell this way you have a detailed record of phone calls made.Good luck!
ooh i like Donatella’s friend’s method of offering the money otherwise spent on eviction to the tenant to move out. it nicely nips several potential problems in the bud. still, how often do tenants pull this kind of thing? mr 6:15 has 22 tenants, he is professional landlord and wisely shouldn’t suffer fools gladly. but when you’re an owner-occupier and have one tenant to deal with, i think a little more leeway is called for.