Princeton, MN · Member since 2015 · 11 posts · 3 votes
Hello BP. Has anyone had experience buying a multi-family where a current tenant needed to be evicted ASAP? I know there is ample information on the eviction process itself at my disposal, but wondering if there are some nuances when one is assuming ownership of a property and have no prior experience with the particular tenant. Do you essentially have to have a clean slate with the tenant until they prove to be a poor tenant, regardless of past rental history? In this case the MF is a foreclosure with very little information available, other then that the tenant has been living rent free for a year. Thanks!
I've done a cash for keys before, and the tenant, who was not paying, actually appreciated it. The key is to be a human being when you talk to them. Start with, "I understand from the seller you haven't been able to keep up on your rent". Paint them in the best picture possible. Talk with any lawyer you know, even for 5 minutes, about the situation, on the phone, even during a golf game. Then say you've been talking with your lawyer about the situation. Say nothing else. Then tell him you've got his damage deposit, and the apartment looks pretty good. "How about we find a place better suited for your needs". If you can move out on the last day this month, I will give you your damage deposit in cash after I just look through the place. 2nd carrot, I'll even throw in $100.00 to help you with moving expenses. Do you have someone you can stay with for a while that is a better situation?
You can always go adversarial at the next level. And make the seller pay for your fees. You are taking on his problem after all.
I'm interested in what others may have to say on this also. I've only had this situation once and the tenant did not even have a lease. I just told them we were going to rehab the house (and we did) and they had to leave. I think other feedback you are going to get is cash for keys - and that is what I would do if needed.
Thanks, Josh. Yes, I've thought about the cash for keys idea as well but wondering if the person is unscrupulous enough that you may give them cash and they still won't leave. Again, this guy's been here for a year without paying, from what I understand.
I've gone through this several times. I post an eviction notice on their door immediately after the closing. Reason: non-payment of rent. Sometimes they promise money and sometimes they hide. They usually don't show up in court or they go and admit they are behind and want more time. If they do show and lie/claim they are current, hopefully a month crossed between the notice and the court date and you can show they haven't paid the current month. The burden of proof for payment is on the tenant.
You will have to post a Pay or Quit notice first based on what ever the law says in MN. Here in NE it's a 3 day notice. If they are not current on paying rent, first you post a pay or quit. They have that many days to pay or vacate the property. If they don't vacate, then you move forward to eviction. Get the help of a local real estate attorney if you haven't done an eviction before. Doing things wrong can get you tied up in court and cost more money.
I've done a cash for keys before, and the tenant, who was not paying, actually appreciated it. The key is to be a human being when you talk to them. Start with, "I understand from the seller you haven't been able to keep up on your rent". Paint them in the best picture possible. Talk with any lawyer you know, even for 5 minutes, about the situation, on the phone, even during a golf game. Then say you've been talking with your lawyer about the situation. Say nothing else. Then tell him you've got his damage deposit, and the apartment looks pretty good. "How about we find a place better suited for your needs". If you can move out on the last day this month, I will give you your damage deposit in cash after I just look through the place. 2nd carrot, I'll even throw in $100.00 to help you with moving expenses. Do you have someone you can stay with for a while that is a better situation?
You can always go adversarial at the next level. And make the seller pay for your fees. You are taking on his problem after all.
First off, contact a MN based real estate attorney. They can answer this question in two seconds.
In Connecticut you can take the place of the landlord that brought the eviction. There is paperwork involved to file with the court but I know it can be done.