Rental Property Investor · Haverhill, MA · Member since 2014 · 79 posts · 39 votes
Here's my situation:
I'm closing on a three family house in Massachusetts for December 4th. Currently the first and third floors have tenants, the second floor is vacant. Both current sets of tenants have lived in the building for a few years and are tenants at will. I would like to live on the first floor (where tenants currently live).
This is my first home and it will be owner occupied, the current owner refuses to tell the tenants to leave.
I am thinking that when I close on December 4th, I tell the current tenants on the first floor that they have a 30 day notice to vacate the unit so that I may live there. I also, in tandem, move temporarily into the second floor unit for the month until they are gone.
My question is are there any legal ramifications that I can face for just giving them notice the day I have ownership of the property? Their current lease (signed in 2007) says that they are month to month and they need a 30 day notice to leave. Am I missing anything?
The tenants in question are a family of 5, living in a 2 bedroom space.
I'm happy to provide any other info that I am missing...
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
10y
Go and introduce yourself to the tenants , be nice . Tell them you will be doing some remodeling for the new tenants once you buy the place . You are changing the house to a halfway house for violent felons on parole and helping them start a new life in a new area . You would like them to stay on as tenants to help defray some of the costs involved . Have a buddy with you introduce him as a contractor , tell him you want to measure for bars on the windows and a 8 ft chain link fence around the yard while you are talking to the tenants .
You wont have to evict , they will be gone before settlement .
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
10y
@Dan Smith Please keep us posted of what you decide to do. Upon rereading your initial question, I see the first floor tenants have been there since at least 2007. More than "a few years". Long sitting tenants often have difficulty finding suitable replacement housing. I suspect this is one of the reasons the landlord is selling and is not willing to give notice. If you are scheduled to close on 12/4 there is no longer time for the owner to vacate the property. Get estoppels if you can. And then use the closing date and tenant situation to see if you can renegotiate price. Again, let us know how it goes. It's educational for those who have never bought occupied property.
Lender · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
10y
The short answer is you need to see an Attorney and find out exactly what your options are. The only reason the current owner is unwilling to serve notice that he is selling is because he's afraid of the ramifications of doingxso. You are accepting those ramificantions being transferred to you. I would not. But that's just me. I would have made my offer contingent upon the property being delivered to me with the tenants out, or moved to other floors, or at a minimum served notice of the transfer of ownership. The deposits are going to be an issue if not handled prior to close also. You've got time to do this better for all of you. Get to an Attorney!
Lender · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
10y
The short answer is you need to see an Attorney and find out exactly what your options are. The only reason the current owner is unwilling to serve notice that he is selling is because he's afraid of the ramifications of doing so. You are accepting those ramificantions being transferred to you. I would not. But that's just me. I would have made my offer contingent upon the property being delivered to me with the tenants out, or moved to other floors, or at a minimum served notice of the transfer of ownership. The deposits are going to be an issue if not handled prior to close also. You've got time to do this better for all of you. Get to an Attorney!
Real Estate Agent · Boston, MA · Member since 2015 · 31 posts · 7 votes
10y
I would definitely recommend just taking the second floor temporarily. If they are paying and want to stay, it is not worth trying to get tenants out in MA. Maybe do a live in flip and renovate the second floor while your there?
Specialist · Pelham, NH · Member since 2013 · 544 posts · 269 votes
10y
@Dan Smith The fact that the current owner is refusing to evict seems odd, but it could be something as simple as he gave them his word that he wouldn't throw them out. BUT, it could be that the tenants sued/are suing the landlord for something and the landlord CAN'T evict or it could be considered retaliatory. If the tenants are withholding rent over lead paint, for instance, it's illegal for the landlord to evict.
I would definitely try to talk to the tenants and see if something like that is going on. Also if you PM me the address, I can check to see if the building has even had a lead inspection done.
Landlord and Rehabber · Newton, MA · Member since 2010 · 2k+ posts · 877 votes
10y
Many good point made about deposits, quality of the residents and why the owner won't clear them out. However we don't really have any information on what you do or do not know about any of this stuff.
Based on the question you had asked it sounds like the only reason you want these particular tenants out is you want to live in the 1st floor unit.
If that is the case my questions is it worth:
Possibly absorbing several months of economic vacancy (i.e. People living there but not paying), the possible cost and time for an eviction, the turnover costs (no matter how well they might have kept the place if they have been there since 2007 there will be work needed) and even if they leave without hassle the likelihood of having at least 1-2 months of vacancy in that 2nd floor unit (unless you get it nice fast and show it while you are living in it in December).
All of this to avoid walking up a flight of stairs?
Assuming this is more to get your foot in the door or real estate investing and your life long dream isn't to owner occupy the first floor of an MA Triple Decker it makes the most sense by far to just live in the open unit and not go through a ton of BS.
*This is assuming there IS NOT other reasons to want those tenants out.