Investor · Arlington, TX · Member since 2015 · 22 posts · 13 votes
HI all,
I have never run into this situation before and would like to get a little feedback. I am looking at a duplex in DFW Texas and one tenant is on a MTM lease that I would like gone (preferably before I purchase). The reason is that they have a huge dog in the back yard which I believe is a restricted breed with my insurance company. When I toured the property the dog seemed aggressive and was only held in the backyard by a short chain link fence which it could easily jump. Is this something you would negotiate with the seller or handle afterwards? If the seller does not handle the issue (move the tenant out before closing), how quick do you think this could be done after I purchase? The reasoning is pretty clear that I want to minimize liability as much as possible. I am worried if I have to deal with it, the tenant would be reluctant to move (they are under market rent) and I fear it could lead to a lengthy eviction. Thoughts?
Urbana, IL · Member since 2012 · 1k+ posts · 425 votes
9y
Buy the property and inform the tenant that you're going to run all tenants through the screening process to ensure that all tenants meet your basic criteria. Your basic criteria happens to include a restriction on dog breeds. Either they get approved by removing the dog, or they move because they aren't approved. You can also easily bump up rent since it is under market. This is a business decision not a personal one so you can keep it that way.
Investor · Sachse, TX · Member since 2015 · 223 posts · 66 votes
9y
If you like the property buy it. Give the tenant 30 day notice on the 1st. If he doesn't leave give the 3 day eviction on the first of next month. After 3 days file eviction. $125. Takes around 3 weeks for court and 5 days after.
Rental Property Investor · Orlando, FL · Member since 2016 · 463 posts · 220 votes
9y
Not sure where you are in the process or if that is a possibility, but the preferable way of dealing with this, from your perspective, is for the current owner to get the tenant out before you take possession of the property. I know some people whose purchase contracts specify that they want the property empty of all tenants at closing.
Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
9y
Why would the seller take any action to move the tenant out? That's risky for the seller. If the deal doesn't close for some reason, then the seller will be left holding the bag for a vacant unit.
If you are concerned about the dog, the best bet is to wait until you actually own the duplex, then give him appropriate notice that you are terminating his month-to-month tenancy.
Wholesaler · Carrollton, TX · Member since 2016 · 16 posts · 1 vote
9y
Some clause should have been written in the contract where if there's a tenant in the property, they are required to vacate 1 month after the closing date of the contract OR a clause for the screening process. But yes, buy the property if the numbers make sense. Just a small road block you have to get through.
Investor · Arlington, TX · Member since 2015 · 22 posts · 13 votes
9y
Thanks for the advice all. Since I confirmed the MTM status with the seller I am going to provide a 30 day notice upon closing and have an eviction ready to go if that does not go as planned.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
Notice on non-renewal needs to be given at least 1 day prior to the last day of the month, for proper notice, . mail it, drop it off, mail yourself a copy, so you have the post mark.
Make sure you have copy of seller's lease agreement and what is listed for security deposit and that the deposit is transferred as part of closing
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
Notice of non-renewal needs to be given at least 1 day prior to the last day of the month, for proper notice, . mail it, drop it off, mail yourself a copy, so you have the post mark.
Make sure you have copy of seller's lease agreement and what is listed for security deposit and that the deposit is transferred as part of closing