{"id":105080,"date":"2020-01-31T09:00:42","date_gmt":"2020-01-31T16:00:42","guid":{"rendered":"https:\/\/www.biggerpockets.com\/renewsblog\/?p=105080"},"modified":"2021-03-16T14:51:45","modified_gmt":"2021-03-16T20:51:45","slug":"inherited-tenants-how-to-handle","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/inherited-tenants-how-to-handle","title":{"rendered":"How to Handle Inherited Tenants: Reviewing Leases, Raising Rent &#038; More"},"content":{"rendered":"<p>When you purchase a rental property, it may come with tenants in place, and those tenants will suddenly become YOUR tenants. These tenants are known as \u201cinherited tenants.\u201d<\/p>\n<p>Inherited tenants can be beneficial, as you will not need to immediately spend time filling the vacant unit, and you\u2019ll be receiving income from day one. However, inherited tenants can also be risky, as they were not put in place by you, and you don\u2019t have a clear indication of <a href=\"https:\/\/www.biggerpockets.com\/blog\/2013\/01\/27\/tenant-screening\/\" target=\"_blank\" rel=\"noopener noreferrer\">how well they were screened<\/a> or what type of tenant they are.<\/p>\n<p>Furthermore, they may have been poorly trained by the last owner and will need to be re-trained to follow your rules and way of doing business. Or maybe those tenants will be absolutely perfect, and you\u2019ll be thankful to have them.<\/p>\n<p>The truth is, you won\u2019t really know for sure until you begin dealing with those tenants. However, there are a few things you can do to increase the chance of a successful acquisition of inherited tenants. But before we get to that, understand that legally, the leases go with the property, which means everything about the lease stays the same when you take over. For example, if you purchased a property and the existing tenant was three months into a one-year lease, you would be required to abide by the terms of their lease for the next nine months. Again, the leases go with the property.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-90653\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/07\/tenant-questions.jpg\" alt=\"tenant-questions\" width=\"702\" height=\"336\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/07\/tenant-questions.jpg 702w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/07\/tenant-questions-300x144.jpg 300w\" sizes=\"auto, (max-width: 702px) 100vw, 702px\" \/><\/p>\n<h2>Review Existing Leases<\/h2>\n<p>Before closing on the property, you will definitely want to review the leases for each existing tenant to verify the income and what expenses are the tenant\u2019s responsibility. Do they match the financials that the seller provided?<\/p>\n<p>For example, let\u2019s say you purchased a triplex and the seller claimed to get $500 per month, per unit. If the lease shows just $400 per unit, you have a problem. This is actually not as rare as you might think, as sellers like to talk about their opinion of \u201cfair market rent\u201d (what they think it COULD rent for) rather than what they are actually receiving. This is known as the \u201cpro forma\u201d rental income. If this is the case, start asking questions and be sure to run your numbers with accurate data, not pro forma numbers.<br \/>\n<em><br \/>\n<strong>Related:<\/strong> <a href=\"\/renewsblog\/7-types-tenants-harder-insure-it\/\" target=\"_blank\" rel=\"noopener noreferrer\">7 Types of Tenants That Are Harder to Insure (&amp; What You Can Do About It)<\/a><\/em><\/p>\n<p>Verification doesn\u2019t end with comparing the leases to the financials. Leases can easily be altered or forged. Imagine purchasing a property, only to find out (after closing) that the lease was changed by a shady <a href=\"https:\/\/www.biggerpockets.com\/blog\/2016\/07\/30\/how-to-be-a-landlord\/\" target=\"_blank\" rel=\"noopener noreferrer\">landlord<\/a>. This kind of thing does happen, so you must verify the terms of the lease with each tenant before purchasing the property. This is done through an Estoppel Agreement.<\/p>\n<p>An Estoppel Agreement is a simple, one-page form that the tenant fills out letting you know the terms of their lease to the best of THEIR knowledge. If the seller of the property will not let you speak with the tenants and get Estoppel Agreements, you might be dealing with a seller who is trying to hide something. If you do get the Estoppel Agreements signed and discrepancies are found, you\u2019ll want to make sure they are cleared up before closing.<\/p>\n<p>Sometimes it could be an honest mistake, sometimes a tenant might be lying to try to get lower rent, or sometimes the seller might be a liar. You don\u2019t want to buy a property until you understand exactly what you are getting.<\/p>\n<p>An Estoppel Agreement should contain at a minimum:<\/p>\n<ul>\n<li>The tenants\u2019 names and who resides in the unit<\/li>\n<li>The lease term (including start date)<\/li>\n<li>The rental amount due each month and the due date<\/li>\n<li>The security deposit amount<\/li>\n<li>Who pays which utilities<\/li>\n<li>Who owns the appliances<\/li>\n<li>Whether there are any pets in the property<\/li>\n<li>Whether there are any problems or repairs needed<\/li>\n<li>Whether there are any other agreements with the landlord<\/li>\n<\/ul>\n<p>Make sure both you and the tenant sign this agreement, and keep it in their \u201ctenant file.\u201d This way, if a tenant tries to tell you later on that their deposit was actually $1,000 instead of the $500, you can back up your claim with their signature on the Estoppel Agreement. It\u2019s hard to argue with that.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-109656\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2019\/04\/write-commands.jpg\" alt=\"\" width=\"702\" height=\"336\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2019\/04\/write-commands.jpg 702w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2019\/04\/write-commands-300x144.jpg 300w\" sizes=\"auto, (max-width: 702px) 100vw, 702px\" \/><\/p>\n<h2>Put Yourself in Their Shoes<\/h2>\n<p>When purchasing a property that has inherited tenants, keep in mind that they are likely aware of the sale and are concerned about the unknown. They probably have a lot of questions, like \u201cWho is this new owner,\u201d or \u201cAre they going to kick us out,\u201d or \u201cIs my rent going to be raised?\u201d This uncertainty for the tenant can lead to a frustrating start to your relationship, so put yourself in their shoes and try to make the process as easy as possible on them.<\/p>\n<p>We like to send a letter to the tenant on the day we take over a property, introducing ourselves and the company, letting them know we are the new owners and will be responsible for taking all phone calls, maintenance requests, lease-related questions, and anything else involving their tenancy. In this letter we like to let the tenants know about some of the improvements that will be taking place at the property in the coming months. This can help reassure the tenant that you are not a slumlord, but someone who takes pride in your work.<br \/>\n<em><br \/>\n<strong>Related:<\/strong> <a href=\"\/renewsblog\/what-to-do-as-soon-as-you-deny-or-approve-a-prospective-tenant\/\" target=\"_blank\" rel=\"noopener noreferrer\">What to Do as Soon as You Deny or Approve a Prospective Tenant<\/a><\/em><\/p>\n<h2>Raising the Rent on Inherited Tenants<\/h2>\n<p>Perhaps you purchase a property with existing tenants and you know that the rents are far too low. This is common, as many landlords are reluctant to\u00a0raise the rent even as the market rate climbs, leaving long-term tenants with leases far below market rent. When we purchased our 24-unit apartment complex, this was the case. Most units were renting for $475 per month, when the market rent was a full $50 per month higher than that at that time. All the tenants were on month-to-month agreements, so we could raise the rent with just a 30-day notice.<\/p>\n<p>But should we? Do we tear the band-aid off right at the get-go in one swoop, or do we raise the rent slowly or only on a few units? If we suddenly raised the rent on all the tenants, it\u2019s likely many of the tenants would move, and we\u2019d be left with a lot of units that needed to be rehabbed and very little income coming in to help with those expenses. On the other hand, if we let the tenants stay at that $50 per month difference, that is thousands of dollars in potential rent we would not be receiving each year.<\/p>\n<p>There isn\u2019t always a clear-cut answer on whether or not you should raise rent. We personally didn\u2019t have a lot of capital to handle that storm so we opted to keep the rent the same for most of the tenants for the first year, only raising the rent as we fixed up units and moved new tenants in. Another investor, someone with a lot more capital, may have decided to raise everyone\u2019s rent and accept the immediate loss, choosing instead to rehab multiple units and get new tenants in quickly. It\u2019s a balancing act and something only you can decide.<\/p>\n<p><a href=\"https:\/\/www.biggerpockets.com\/rentalbook\" target=\"_blank\" rel=\"noopener noreferrer\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone wp-image-91218 size-full\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-04.jpg\" alt=\"\" width=\"700\" height=\"85\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-04.jpg 700w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-04-300x36.jpg 300w\" sizes=\"auto, (max-width: 700px) 100vw, 700px\" \/><\/a><\/p>\n<p><em>Have you dealt with inherited tenants before?<\/em><\/p>\n<p><strong>Let us know about your experience with a comment!<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>When you purchase a rental property, it may come with renters in place. Called &#8220;inherited tenants,&#8221; those renters will suddenly become yours to deal with. There are pros and cons to inheriting tenants. Learn more here.<\/p>\n","protected":false},"author":710,"featured_media":115885,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5183],"tags":[],"class_list":["post-105080","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-landlording"],"acf":[],"comment_count":0,"_links":{"self":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/105080","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/users\/710"}],"replies":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/comments?post=105080"}],"version-history":[{"count":0,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/105080\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media\/115885"}],"wp:attachment":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media?parent=105080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/categories?post=105080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/tags?post=105080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}