TRIPLEX WITH TENANTS BUT TENANTS HAVE NO LEASE

[Daniel Sisto]

I am looking to put a triplex under contract but I have a few concerns that I have yet to come across.

This property has 3 units, 2 are currently occupied but these current tenants did not have leases with the prior owner who has since deceased. 

So since the tenants do not have leases, do I need to evict these folks or can I just remove them from the property since there is no lease?

This purchase is taking place in upstate NY.

[Marcia Maynard]

First, congratulations on finding an investment property suitable to your needs!

Second, always be aware of and follow the landlord-tenant laws, non-discrimination laws, fair-housing laws, and other laws applicable to the jurisdiction of the location of the property.

Third, keep in mind that although it is an investment to you, it is "home" to another. Approach any situation with existing tenants carefully, thoughtfully and compassionately.

Is there a compelling reason for you to make these tenants move? If not, then consider getting to know them and entering into a lease agreement with them that makes sense for you and for them.

If you do need to vacate the units, then give the tenants sufficient time to make the move. Legal notices must be delivered in accordance with landlord-tenant law. Provide the tenants with extra assistance that may make the move easier for them. For example, we've provided packing boxes and 3 mil garbage bags to tenants whom we have asked to move. Working with the tenants to end the tenancy peacefully and thoughtfully will often result in less property damage too. We have negotiated a win-win move-out plan with tenants when a tenancy had to be terminated and thus were able to avoid a full-blown eviction process.  Evictions are hard on the tenants and create a negative mark on their rental history. Evictions are hard on landlords and usually consume more time and money than necessary.