Inherited Tenant - Rent above Market - Questionable Siutation

Inherited Tenant - Rent above Market - Questionable Siutation

Rockford, IL · Member since 2016 · 126 posts · 48 votes

I am purchasing a property with two out buildings.  There is personal property in these buildings that may, or may not, belong to an inherited tenant.  If the tenant does own this personal property, it indicates that he is doing work on-site with dangerous machinery. These tenants are paying at least $100 per month above market.

The existing month to month lease agreement has no mention of the use of these buildings.  My lease agreement has a clause that personal property may not be stored outside of the apartment or designated storage areas, and that anything other than a personal vehicle is not allowed to be kept on the outside on the property.  I am asking that they sign a new month to month lease, for the same rent, within seven days of me taking possession. 

The seller inherited the property, so he has no idea what personal property belonged to the original owner. My purchase agreement includes all materials and equipment on-site related to the maintenance of the property.  

My gut is telling me to give these tenants 30 day notice, rather than offering a new lease. It makes no sense that they would pay above market for this apartment, when there are plenty of SFH in the area for for the same amount of money, or less. It makes me wonder how they were screened, and if the reason they aren't renting someplace else is that there is an issue that would prevent them from doing so. I'm willing to talk to the tenants about removing the items from the buildings, and give them the benefit of the doubt. But still, I don't want to get into any drama about what they were promised by the seller. I also don't want the possibility to remove these items dragged out over months.

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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
10y

"Going with your gut" gets a bad rap in real estate when you're using your gut as the only method of screening. I say go with your gut on this one, and give them notice. Make sure you follow your state laws in regards to property notice. Some states are 30 days, some are 60. Regardless of when you give the notice, they have until the end of the month to move out, meaning if you give notice on February 15, you can't expect them to be out before the end of March. Your 30 day notice turns into a 45 day notice.

Regarding the dangerous equipment, as long as you aren't providing the actual equipment, I can't see your liability. (I'm not a lawyer, either.) Talk to your insurance agent, and see how you can best protect yourself.

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  • Investor · SE, MI · Member since 2013 · 1k+ posts · 461 votes
    10y

    Hi Lois,

    What sort of equipment is it, and what makes you think it is dangerous?

    I'd want to talk with the tenant about it before deciding anything, it could be stuff that's been left by the previous (now deceased I assume) owner, or previous tenant(s).  It could be that there is a third party out there who these items belong to that the seller is unaware of.  If the current tenant is using it and you don't want that to continue, I would probably try to have the seller get them out prior to taking possession, that way if it drags out it is on their dime.

    Kelly

  • Rockford, IL · Member since 2016 · 126 posts · 48 votes
    10y

    It is forestry equipment and a log splitter.  The property is in an urban area.  There is also a large amount of freshly cut fire wood in one of the buildings, and the property doesn't have any wood burning devices.  A drive-by has a pick up truck full of firewood parked in the driveway.  

    I plan on bringing it up with the tenant right after closing, but if I don't get a good answer, I don't want to offer them to extent the lease.  

  • Investor · SE, MI · Member since 2013 · 1k+ posts · 461 votes
    10y

    Sounds like he gets wood from somewhere and splits and sells it at the property, and the fresh cut wood implies that it IS the current tenant.

    Personally, I wouldn't be too bothered by it, if I was able to verify that the operation was legal (no local ordinance prohibiting it, road side stand allowed, and here in Michigan we have bans against moving firewood due to the emerald ash borer, etc), that he was insured against injury, and that my own insurance didn't prohibit the activity.  I would make sure my lease covered the use of the buildings whether you allow it to continue or not.

    Kelly

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    "Going with your gut" gets a bad rap in real estate when you're using your gut as the only method of screening. I say go with your gut on this one, and give them notice. Make sure you follow your state laws in regards to property notice. Some states are 30 days, some are 60. Regardless of when you give the notice, they have until the end of the month to move out, meaning if you give notice on February 15, you can't expect them to be out before the end of March. Your 30 day notice turns into a 45 day notice.

    Regarding the dangerous equipment, as long as you aren't providing the actual equipment, I can't see your liability. (I'm not a lawyer, either.) Talk to your insurance agent, and see how you can best protect yourself.

  • Rockford, IL · Member since 2016 · 126 posts · 48 votes
    10y

    My leases won't allow the storage of personal property in any outside buildings, or the operation of a business on the property. While I am well insured, I have no way to prove that the tenant is now, or will continue to be, or that he has secured the proper permits, etc.   I just see a risk of having somewhat valuable and dangerous equipment unsecured, and that much fuel for a fire on the property.  

    I also don't want the disruption of that type of operation in a densely populated area.  This is a struggling urban residential neighborhood.  I don't want to drag out the removal of the items, because they aren't motivated to change the situation, or think I won't do anything about it after they sign a lease. 

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y

    It kind of seems strange you want them to leave because they pay over market rent and may be splitting fire wood? Either way it sounds reasonable to find out whose personal property is in the buildings. It sounds like you may be left with a building full of junk after the tenant leaves.

  • Rockford, IL · Member since 2016 · 126 posts · 48 votes
    10y

    I have no bones about splitting fire wood, it is where they are doing it.   My issue is with them operating dangerous machinery and storing highly flamable materials in a densely populated urban residential neighborhood close to other wooden structures and the people that live in them.  I also don't want the debris and noise associated with that type of operation to be attributed to me.  

    I would rather have a building full of junk, than a burnt down house, or endless meetings with attorneys and insurance companies asking why I let this happen. 

  • Investor · Lansing, MI · Member since 2014 · 27 posts · 9 votes
    10y
    Maybe the reason he's paying above market rent is for the use of the out buildings for his wood splitting business?
  • Rockford, IL · Member since 2016 · 126 posts · 48 votes
    10y

    That thought did occur to me.   It should have never been allowed in the first place due to the location of the property and it is as a hazard.  The property is one of four that I own side by side in an urban neighborhood.  Plus I will be living on the property.  I just can't let one tenant do this sort of thing without setting myself up for the other tenants to want some type of special consideration for their deal.   "Oh, you want an arc-welder in your living room to create your metal sculptures, why sure........I will be happy to  track down all of the permits and insurance that you need to do that." 

  • Investor · Fenton, MI · Member since 2015 · 142 posts · 46 votes
    10y

    @Lois Ginter, still laughing about your last post... You can probably get an extra $150 a month for the arc welder, and if you really want to go for broke, I think you might get a $200 Premium for a plasma cutting outfit in the spare bathroom.  You may have just identified a new real estate niche for those specialty landlords out there to exploit?

  • Investor · Houston, TX · Member since 2012 · 354 posts · 186 votes
    10y

    That could be a huge liability if anyone gets hurt on your property. I would go with your gut on this one.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    10y

    Go with your gut. 

  • Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    Screw your gut. Get an estoppel statement before you close so you KNOW if the equipment is theirs, the prior agreement (or their interpretation of it, which is the only one still living), etc. Then you go into it with knowledge rather than assumptions.

    Though I do wonder if you could get the arc-welding tenant to work together with the tree-cutting one and make magic! The, uh, non-burning kind of course...

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