Need to evict tenant with no rental agreement

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Need to evict tenant with no rental agreement

Dave Bond
Las Cruces, NM · Member since 2016 · 27 posts · 7 votes
I'm in escrow on a 4 unit building and the occupied units have no rental agreements. 1 of the tenants is delinquent 5 months and the seller clearly has not made attempts to evict. I'm in New Mexico. I've got experience managing rentals, but I've never encountered no RA's because we've always had tenants sign. Can anyone give me insight as to what the process looks like getting this guy out and any pitfalls to avoid (other than trying to prevent him from dumping concrete down the drain on his way out lol)?
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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You in effect do have a legal rental agreement. It is verbal, which is binding, and it is M2M.

    Your esstopal letters detail the most important aspects of the lease. You now simply proceed as the State landlord tenant regulations outline based on a M2M lease.

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  • Isaac Ramos
    Real Estate Investor · Albuquerque, NM · Member since 2014 · 29 posts · 16 votes
    9y

    @Dave Bond In my experience, New Mexico is a (very) tenant friendly state.  I'm not an attorney, but would direct you to Sections 47-8-1 through 47-8-51 [47-8-52] of NMSA 1978 also known as the "Uniform Owner-Resident Relations Act". 

    To the best of my understanding, the absence of a written rental agreement does not mean there is not a rental agreement in place -- rather, the occupancy agreement defaults to the provisions of the Statues referenced above.  These statues summarize defaults such 30 days leases, rent rates/late fees, and an owner's rights to repossess.   Keep in mind the Statues do apply to the owner (you said you're in escrow so presumably that's not you).  You inherit the responsibilities/agreements of the owner when you take title to the property.

    Sounds like a bit of a sticky situation, I'd talk to my lawyer...  

    Isaac

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    Do you have rent rolls from the previous owner showing exactly how much this tenant owes? If so, give the proper 3 day notice for rent due, if no rent after 3 days, then file for eviction. No lease agreement, means MTM

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  • Dave Bond
    OP
    Las Cruces, NM · Member since 2016 · 27 posts · 7 votes
    9y

    Thanks for the input guys!!  Much appreciated.  Yea my biggest concern was how to proceed evictions against an unnamed occupant.  I'll review the statutes and refresh myself as to my obligations.  

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  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    'unnamed'? Does the seller not have a name? Is this just a squatter? Something's missing

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  • Dave Bond
    OP
    Las Cruces, NM · Member since 2016 · 27 posts · 7 votes
    9y
    Michaela G. - seller on has first name and cell number. No contract, no documentation that occupant is not a serial killer or anything!!! LOL. Consequently because of his poor management I'm getting a steal, but yes I'm trying to figure out how you evict a living Jon Doe........😬
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  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    Do some searches at intelius, veromi, peoplesmart under that address and see what names pop up. You don't have to sign up with them, but do the basic searches on their main pages. If you have the first name and someone pops up with that first name, then you'll now have the last name.

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