Evicting existing tenant no lease

Current tenant is paying month to month. There is supposedly no physical lease. How would I watch my backside on this? What process would I have to go through to evict the existing tenants and how much time would it take?

Obviously I would try to get the existing tenants to sign a lease, but I've seen the place and I sincerely doubt that happening.

Edited: 06/26/2010 at 09:51AM

Shane M

Real Estate Investor · Ann Arbor, Michigan

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Icon_minipost Sep 28 '09, 06:34 AM

I would also qualify the tenant via credit reporting and income verification.

Edited: 06/26/2010 at 09:51AM

Michael Rossi

Real Estate Investor · Ohio

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Icon_minipost Sep 28 '09, 07:28 AM

How would I watch my backside on this?

I would suggest a full length mirror if you want to watch your backside. However, I don't really know what that has to do with real estate investing.

What process would I have to go through to evict the existing tenants and how much time would it take?

You would evict them using exactly the same process as any other tenant in your state, assuming you have grounds to evict them. Not having a lease is considered a month-to-month tenancy in most states and that is not a reason to evict a tenant. If you want to get rid of them, give them the appropriate notice that their tenancy is being terminated.

It's a waste of time and energy to try to qualify a tenant that is already in your unit. If they pay the rent and stay out of trouble - keep them. If not, kick them out (using the appropriate legal method).

Mike

Edited: 06/26/2010 at 09:51AM

Dennis Treacy

Real Estate Investor · Philadelphia , Pennsylvania

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Icon_minipost Sep 28 '09, 09:17 AM

Shane,

I would first check with you local landlord tenant court on exactly what it takes to evict without a lease. Usually there is a law in place, most times it favors the tenant.

In Philadelphia, PA is can be a real pain in the butt. I always offer a lease to existing tenants if they are current. If they are problem tenants, I offer a month to month lease. I wait until they forget to pay on time, usually the next month. Then I try to re-train them, if that does not pan out, I have a lease to show the court.
Having a lease in PA will really keep the legal fees down.

Edited: 06/26/2010 at 09:51AM

Shane M

Real Estate Investor · Ann Arbor, Michigan

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Icon_minipost Sep 28 '09, 10:32 AM

Originally posted by MikeOH

I would suggest a full length mirror if you want to watch your backside. However, I don't really know what that has to do with real estate investing.

I'll remember to avoid the rear-end expressions lol

Originally posted by MikeOH

You would evict them using exactly the same process as any other tenant in your state, assuming you have grounds to evict them. Not having a lease is considered a month-to-month tenancy in most states and that is not a reason to evict a tenant. If you want to get rid of them, give them the appropriate notice that their tenancy is being terminated.

That makes sense, I guess I had my head up my ass on that one... there I go again!

I've learned that the owner of the property was "set up" with their current tenant via their real estate agent. And they are re-listing the property for the same price since they had it previously. They are now trying to pass it off as an income property at 450/mo without a qualified tenant. If I can just get them down to 15K....

Edited: 06/26/2010 at 09:51AM

Peter Giardini

Real Estate Investor · Baltimore, Maryland

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Icon_minipost Sep 28 '09, 12:04 PM

Hmmm... I'm surprised no one mentioned giving them cash for keys.

You offer them a certain amount of money in exchange for the tenants giving up all claims to the property.

You just figure that expense into the costs of getting the property ready for rental.

Edited: 06/26/2010 at 09:51AM

Jon Holdman

Real Estate Investor · Denver, Colorado

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Icon_minipost Sep 28 '09, 12:49 PM

Are you in a situation where you actually need to evict? If the tenancy is month-to-month, give proper notice and terminate the lease. No eviction needed.

Now, if they refuse to leave or aren't paying rent, that's different. But if you just want them out, tell them bye.

Edited: 06/26/2010 at 09:51AM

Jon Holdman, Flying Phoenix LLC