How to remove tenants on off market deal

Question

Hey Everyone,

My team and I are looking to make an offer on a single family home in Anne Arundel County Maryland just a little outside Baltimore.

The current owner has an existing tenant with no formal lease. I've been told he defaults this to month to month for all of his properties.

We are looking to buy this property and flip it. What is the best way to proceed with removal of the tenant? After we take ownership is the tenant trespassing since they have no right or existing lease to be in the property?

Thank you

Kath Marie · Answer

Nooooo. Tenants have rights. Offer cash for keys or file for eviction (or both). The amount of time for eviction varies on counties and states. The tenant would NOT be seen as someone trespassing and law enforcement would NOT just be able to kick them out Day 1 after your closing.

Cash for keys can save you time if tenant accepts.

Jim K. · Answer

Ken, if the tenant fights the removal with any sort of free legal counsel, it's going to take a while to get rid of them in the given scenario. Don't know the law in Maryland, can't give you a certain answer on time limits. But a paying, no-fault tenant being told to leave and then evicted in January here in my area can easily get four more paying months in that property if they and their legal help jump through the hoops of the system correctly. The current landlord knows this, without question. Get help from an experienced local lawyer as you also research the local law carefully. This is not going to be easily resolved if they turn down $$$4keys.

Brian Ploszay · Answer

That tenant has rightful possession and a legal, implied month to month lease.  Consult your local laws.   In my location, I would have to give them a delivered 30 day notice to vacate.   After those 30 days, I would  have the right to evict the tenant, which takes a long time in my City.  You can still legally collect rent from this tenant, and proceed to an eviction.  An eviction filed on non-payment requires a different process and paperwork (5 day notice to pay).  I find courts are more sympathetic to landlords in the non-payment scenario.  They often give the tenant more time to leave under the 30 day notice to vacate.

Michael Ablan · Answer

@Ken Nyczaj  Unfortunately there isn't an easy way to do this.  Options are as follows

• Require the owner removes them before closing
• Close on the deal and then ask them to leave/evict them
• Close on the deal and offer them $ to leave.

They'll usually take the money option, rather than going through the eviction.  Just chalk it up to the cost of doing business on this deal.  Good luck!

Tim Miller · Answer

in Maryland you have to give them 30 day notice to vacate, as you're not renewing the monthly agreement.

Have the court paperwork ready to go on the 31st day. Just in case they don't leave.

Chris Pflum · Answer

@Ken Nyczaj as @Kath Marie and @Brian Ploszay have both indicated, the tenant has rights and is not trespassing just because ownership changed hands.  My recommendation would be to do just as Kath suggested, offer cash for them to vacate.  It's quick, easy, and a win-win for everybody.

I would do this in the form of a written notification.  Give them 30 days notice to leave (since they've been month-to-month), and offer them cash for completing their move-out on time (or even by an earlier date).  At the end of the 30 days, if they haven't moved out, you can initiate eviction.

Make sure you send them the first notice, giving them sufficient time to move out, and then follow the appropriate process for your state or municipality to initiate the eviction if they don't. If you don't do this properly, and you have an uncooperative tenant, you could dig yourself a hole quickly,

It's been my experience that cash for keys is very effective. So do that, and you probably won't have anything else to worry about.

Good luck!

Ken Nyczaj · Answer

@Kath Marie thanks for the advice.

How to remove tenants on off market deal

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