Need Help: Purchasing Property - Local Rental Law Preventing Rate Increase

Need Help: Purchasing Property - Local Rental Law Preventing Rate Increase

Lititz, PA · Member since 2013 · 595 posts · 272 votes

Hello,

This is a crazy situation where the city rental law may end up harming the tenants. We would like to purchase this property but need to figure out how to navigate the  significantly below market rates.

The Situation:

- Small multifamily of less than 6 units.  The current rents are currently 40%+ below market rate.  All leases expire this summer

-City rental law restricts increases of more than 9% upon renewal.

-If a tenant has been there for more than 2 years, 90 days notice of non-renewal is required.

-Seller has agreed to provide notice of non-renewal if we request it.

The problem:   The tenants may want to stay, but we need to achieve market rate to pay the bills.  One tenant has been there for 10+ years and is paying 75% below market rate.   If they stay, we will never catch up to market rate because of the City rental law.  If the seller issues them a non-renewal letter we will be showing the apartment to future tenants while the current tenant is still there.  Even if the current tenant wants to stay and signs a lease at the current market rate they can get mad in the future and say that we violated the City rental law's limit on annual allowable rate increase and they would win in local court (based on what I'm hearing from other people in the market).  Obviously the ideal thing would be for the current tenants to agree to the rate increase and not use the City rental law's limit on rate increases against us in the future, but this seems like a risk.

Solution:  Not sure what to do.  Any insight and/or ideas will be appreciated.

Thank you for any help on this matter!

0Reply
72 views

4 Replies

Jump to latestLatest
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    7mo

    What city?

    There may be investors in THAT specific city that can help you.

  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    7mo
    I'd get the clock started on those non-renewals. I'd suspect, however, that the law will not allow you to simply non-renew and then release to the same tenant to bypass the 9% max increase. Make sure that your sale price reflects the actual rent and not market rent. If not, you should move on.
  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7mo

    The purchase price of a rental property should reflect the current income and expenses, and be able to carry itself today, and not be based solely on your projections of any future rents.  That is the hard reality.

    I'd renegotiate the price and terms to make the property work at today's numbers, or else keep looking for a more realistic deal--perhaps in an area not so restrictive for landlords.

  • Rental Property Investor · Member since 2018 · 826 posts · 810 votes
    7mo

    This is common in several areas - acquisition price should account for rent roll below market. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.