Who evicts the tenant?

Is she on a month to month lease?

The seller would be the one who should tell her she is selling the house and she will have to find a new place to live. That rental situation is between them so you should not have to be the one to do it.

I understand what you are saying about feeling bad for the present tenant but if the seller is wanting to get rid of it, if you don't do the deal someone else will.

I don't know what kind of lease they are on.

How can I have the agreement written so that I take possession of the property when the tenant is out? I'd like to control the deal now but not take possession of the property or pay anything until the tenant is out. Is that doable?

Thanks for your help Karen!

Mark, I would hate for you to have to evict the tenant, but try to work with her at least for a while like it seems you want to. I thought it was very hard to evict, but you should be able to do so within like 90 days, I believe. I also may be able to come up with the amount, but the circumstances would have to be favorable for me to tie up the money as well. You can pm your thoughts and ideas.

This is a very tricky proposal and some states are tenant friendly and others are not.
What I mean by that is: I live in Utah which is a tenant rights state and it can be difficult to get a tenant out on your own.
I had one instance that I bought a home with a tenant in it that was behind on their payments to the previous owner.
They could not get them out. So I contacted an attorney that actually works with tenant evictions an he had them out in 10 days. It cost me 500.00 for him to do.
This is no fun for anyone but it is a business we are in. If you put it off that amount accumulates and you are probably not going to get any of it back anyway.

Good Luck,

Randy Bailiff

That is probably true that, you would get nothing back, and it might be even harder to evict them once you start working with them, both legally, and emotionally.

until the place is vacant or just move onto the next deal.

The headache of dealing will be heavy. Think of it like this; if it were so easy to get her out, the present owner would have done so.

Like earlier, some states are tenant friendly, like NY, where most tenants should have law degrees as they know every stipulation in the book.

You could buy her out, but that should then come out of the overall selling price if you do that.

You can put a statement on your agreement that the property must be vacant before closing. If you allow the tenant to stay and you try to evict them later on, there's a chance they can stiff you on the rent. (Ask me how I know.)

I look up that tenant every once in a while to see how many more evictions she has since my eviction, as of now, it's up to 1 more in 6 months.

Thanks Randy, Elix, Erik & Chris, great info that you all shared.

Just to clarify, the tenant is up to date on her rent, just doesn't have enough for a deposit on a L/O.

Mark,

I would like to know how this deal ends; definitely a tricky one.
I don't see how you could evict this tenant, especially with the kids and not being late on her rent-would not look good before a judge...

Maybe you could try to find her another rental property, and offer to help her with the deposit which would come from your L/O deposit? just a thought...

Learning and progressing every day,
Valerie

Mark,

It will most likely depend on what type of lease she is one, i.e. a 6 month lease, month to month, 12 month, etc.

If she is not on a month to month lease, it might not be possible to evict her since she is paying rent on time according to her agreement. Your best option would probably be to talk to a RE attorney and ask them what your options are. If you don't have money to do so, you could try finding an RE attorney who offers a free 30 minute consultation for new clients.

Googling "your state landlord laws" might help you find some more info on what you can and cannot do in this type of situation as well.

Regarding the seller, you could see if she is open to taking all or some the $2,000 down in the form of a note so that you can pay her back over time.

HTH
Dave

of the "professional tenants", as Elix pointed out there are alot of these that know all the stipulations and use them to live for free, then move on to next one and repeat

that a family member will be moving in the property and they will have to vacate. It is difficult to get bad tenants out as they do know the law better than the owner sometimes...but this is a real way to get them out. Have the Seller put a family member in there for a few weeks till your deal is done...Just a thought.

There's no equity in the house and the seller didn't want to evict the tenant. She wanted somebody else to do all the dirty work and get paid for it is what it came down to.
Because there was no equity she couldn't/wouldn't come down on the price and doing a subject-to wouldn't have worked as it's still more than what the house is currently worth.

Passing on this one.

Thank you all for your thoughts and comments!

we would have petitioned for you to be banned if you further wasted your time on this train wreck lol

I like a challenge as much as the next guy but as I get older I'm getting wiser. Unfortunately it's not happening all at once lol (the wiser part that is, jeesh)

BTW, the seller isn't in a bad position, the tenant's covering the mortgage. It's just that the seller hasn't considered a property manager and finds it an inconvenience. Different strokes for different folks I guess right?

Moving on! (no bannage necessary)

The Landlord, Judge or Police!!sometimes a combination

You were smart to leave her property (and that whole mess) alone. Looks like she was trying to con a couple quick grand out of you and stick you in her self-made tar pit. The lady living in that house would have blamed you for everything, and the seller would have just took your money and played "dumb and innocent."

Plus, for anyone who doesn't know yet... EVERY state is tenant-friendly! Most landlords are either bankrupt or very angry, and it's not because REI doesn't work. It's also not necessarily because they "did it wrong." 9 times out of 10, it's because their tenants turned into deadbeats, then turned into squatters, then turned into plaintiffs. The whole while, who gets stuck with the payments - the landlord. Judges have dealt with so many slumlords that they start to think every landlord is shady, dishonest, and money hungry. Lawmakers have the same opinion, so they write the laws accordingly.

Rental laws exist in every state, and they're written to protect the tenant. You know how Dean always says "have an exit strategy for your property before you even make an offer."? Even more than that, you need an exit system set up to remove deadbeats before you even buy a rental property. Get an awesome RE lawyer who knows all about tenant law and the eviction process of your state. Every state is slightly different, the only thing they have in common is they protect the tenant even though they're staying in your place and not paying a dime.

Good luck to you Mark. Skipping over this "pothole" should bring you that much closer to a real deal that's worth your time.

Spammers who can't even speak Engrish. Yikes.

"What do you mean 'ugh'? I HATE SPAM!!" - Monty Python.

"They have a Cave Troll..." - Lord Of The Rings.