BiggerPockets

First and foremost...what does your purchase agreement call for? That is the crucial document. If you did not address the tenant issue, it IS now your problem. Of course, Tomorrow is Aug. 1, so rent is due...to you, for August (absent any contrary WRITTEN agreement/lease terms).

IF there is a written rental agreement, simply follow the letter of the terms and local law. If August rent is not paid when due, start the eviction process. July rent is irrelevant...it's not your money, it was not your property in July (ok, three days worth is yours).

For future reference, being " told" something carries no weight with a judge. You need it in writing.

It's Just Business.

Well, that's a start. Is it an addendum or otherwise a part of the contract? What, exactly, does it say? Does the seller accept responsibility for the costs of eviction and agree to credit you? Ideally, you would have made a provision for, and postponed closing until the property was vacated. Once the deal is closed, there is not much motivation for the seller to get the tenant out...the additional time costs him absolutely nothing, since the rent is not his after that point.

You really need to establish what the seller is responsible for, otherwise it's all on you, and you'd best protect your own interest by either starting the eviction or trying a very quick " cash for keys" offer.

Either way, you need to impress upon the tenant that they DO owe you starting TODAY, and you mean business. Pay or Move.

Since it's a multi-unit, I would not do " cash for keys" , even if it was cheaper. With multis, you need to set the precedent with the other tenants that you EVICT for non-payment as opposed to paying deadbeats when they steal from you. As Beachbum said, show them that you mean business. Start the eviction process the first day it's legal to do so.

Good Luck,

Mike

Were the security deposits passed at closing or did the previous owner seize the deposit against rents?

Do you ahve the lease the tenant was(is) under?

I would say that since you closed escrow without making sure she was out, she just became your problem.

She's being "evicted"? What does that mean? Has the case been to court and the judge ordered her out?

Was she given a 30 day notice to vacate, but hasn't actually been served any legal documents?

If the judge ordered her out, and she isn't out, the sheriff will escourt her out.You will have to call the sheriff and set the appointment; it isn't automatic.

If all she got was a 30 day notice, you will have to file for eviction to get her out if she hasn't left.

Here's a news flash: all tenants will threaten to sue you if they think that will get them their way. They almost never actually sue, and being evicted without having any place to go is not grounds for a lawsuit, and the judges in Oregon aren't going to have any sympathy.

It's not your problem if she doesn't have any place to go, and there are several cases where she doesn't have to know why she is being evicted; she just has to get out because she was given notice.

If legal papers have been served on her, the reason for the eviction will be on the court paperwork. It's not your problem if the tenant doesn't understand it, and the judge isn't going to care, either. He'll just order her out and have the sheriff enforce the order.

I suggest you get together whatever paperwork you have concerning her, and if you can't understand it take it to a lawyer who specializes in evictions.

Oregon eviction paperwork is easy enough to understand if you are capable of reading at the second grade level, so you should be able to figure out where you stand. If not, take it to a lawyer.

Give some more detail about what paperwork she has been given, and you will get better advice.

Do not express any sympathy or worry to her, or you will increase her level of begging and threats.