How to properly transition old tenants to new landlord??

How to properly transition old tenants to new landlord??

Manhattan, NY · Member since 2014 · 16 posts · 2 votes
Hello BP Family! I've recently purchased a 3 family fully occupied. I'm very excited for this transaction as I've been on the website for a while and have finally made the first step towards my goals. My question for everyone is how do I successfully take on the new tenants with no issues? They are all currently Month to Month but I am not sure if I need to give them a new lease agreement (If they want one) or make them sign my own Month to Month agreement (I believe I should). Are they still governed under their previous landlords rules? Note: I have some lease agreements written up already and have written a letter to notify them I am the new landlord. I also have called all the tenants to mention I would like to sit when them in person to address any concerns. Lastly, I plan to occupy the third floor of the property. How would you guys go about letting the tenant know that he will have to leave the property ? Thank you all in advance!!
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  • Real Estate Agent · Berlin, MA · Member since 2013 · 130 posts · 95 votes
    10y

    Congrats! I went through this situation last year and so far it has been smooth.  I met with both tenants to explain who I was and that it would be my rules from now on.  They were month to month so I gave them notice that at the next period they were going to need to sign my lease and their previous lease would no longer be in effect.  They also had the option to move out if they wanted, but if they chose to stay it would be by my rules. I gave them an opportunity to review my lease and they had no problem.  To be fair I agreed to keep their rent the same.  At this point I treated them like a new tenant, documenting the current condition of the unit when they signed the lease for security deposit purposes, and we went over all the rules. I did change a few things as far as property rules go, and I removed the trash dumpster that sat in the driveway and move the building onto the town curbside collection route for which tenants are responsible for the cost of town trash bags.  This month I'm in the process of providing rent increase notices as we've continued to make improvements to the property so this may change things drastically, but we'll see...

    Kicking out one tenant so you can live there while letting the others stay will make you look like a mean landlord, so good luck.  As for how to do it, just don't renew his lease or give the proper notice by the current lease that he will not be renewed in the next rental period.  Consider it carefully though, sounds like you could have some good cash flow.

  • Manhattan, NY · Member since 2014 · 16 posts · 2 votes
    10y
    Michael thanks for the reply! I think I will follow your same approach. I contacted the tenants yesterday by phone and one got back to me so far. I am giving the other tenants a day or so to call back then I probably will have to call again. I planned on pushing a rent increase as well but I would give them a two month notice to agree with or not. During those two months there rent would be the same. Hopefully it works out. In regards to the third floor tenant. I bought the house under a FHA loan which as you know is owner occupied. Hopefully me talking with the tenant about leaving will go over well. Who knows !
  • Sun Prairie, WI · Member since 2013 · 150 posts · 69 votes
    10y

    Sounds like you are on the right track.  I took over a duplex recently and had to move the tenants to my own month-to-month lease with my rules.  I did exactly what you are doing.  I gave them about 60 days notice of a rent increase in case they wanted to leave prior to the rent increase.  I also let them continue for 60 days before signing my new lease.

    As for kicking someone out because you have to live there according to your mortgage, I wouldn't worry about that.  You'll just have to give the appropriate notices to vacate.  If you want, you can even say in the letter that you are required per the conditions of your mortgage to live there.  That might ease the blow to the tenant and let them know that it isn't that they've done something wrong.  That's your call if you share that information though.

  • Manhattan, NY · Member since 2014 · 16 posts · 2 votes
    10y
    Jennifer Congrats! I'm glad everything worked out for you. Did you have any issues from the tenants regarding the months that you did not have them on your OWN lease? I don't really know how this transition works for month to month leases. Are the tenants still governed by the previous landlords lease or is it a free for all until they sign a lease under my name? Pardon my ignorance, I am just unsure of this process.
  • Peter MacKercherBusiness Member
    Residential Real Estate Broker · Saint Louis, MO · Member since 2014 · 1k+ posts · 567 votes
    10y

    @Account Closed Leases aren't affected by the sale of a property so you inherit everything (lease, addenda, etc) the tenant has signed with the previous owner/manager. There's no difference between a MTM lease, a year lease or a 20 year lease except the term (and probably the renewal/non-renewal notice requirements) in this regard.

  • Manhattan, NY · Member since 2014 · 16 posts · 2 votes
    10y
    Peter Thanks for the information. That is exactly what I needed to know !!
  • Brandon SturgillBusiness Member
    Real Estate Broker · Columbus, OH · Member since 2013 · 3k+ posts · 1k+ votes
    10y

    @Account Closed Consider the leverage you have with the options of staying month to month, or moving to a long-term lease. For lower socio-economic tenants/buildings, month-to-month may give you more control over removal of tenants if need be. If they are great tenants that have a history of paying on time every month, a 1 or 2-year lease may be a good option. Nevertheless, you can start a new lease once you decide to not renew the existing lease. Good luck.

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  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    M2M is a landlords best friend. Good tenants have no problem signing a M2M as the conditions and other details are the same as a term lease. They do not fear being evicted so the length does not matter. Bad tenants prefer the longest lease possible as it gives them almost full control of the property till the lease is up. Tenants that know they will have issues with a landlord will not sign a M2Ms they know they will not be renewed and will have to follow all the rules ... like paying rent in full and on time.

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