Can I evict a tenant when I'm not the property owner?

Question

Hey guys,

So I've been sending out my direct mail pieces and got an interesting call today.  Long story short, this absentee home owner called me and told me that he desperately wants to get rid of his investment property in my area. He has been renting to this same man for the last 10 years, and has been burned by this guy again, and again.....and again.  The home owner is SICK of dealing with it and wants the home gone.  This leaves me with several options.

1.) Sell the house as an agent

2.) Buy the house myself and either flip it or rent it

Regardless of the option I choose, I still have one glaring problem.  The current tenant.  There is no active lease as we speak.  The owner has filed evictions on him several times but never followed through.  My question is,

Can I handle the eviction process for the home owner (State of New York)?  I know a property manager can do it, but you have to be a broker to be a property manager.  I'm just an agent.  Does it matter?

I also considered cash for keys, but the home owner refuses to give the tenant anything out of spite.

Thanks for any help or suggestions anyone can provide!

Account Closed · Answer

Current owner won't take action to evict this tenant so it's up to the new owner to do the deed. Buy the house in your own name and then try the cash for keys approach. Best of luck with your investment.

Bob Collett · Answer

Michael

Hmmm. As an agent in any State, you have a fiduciary responsibility to your client (the seller),  and duty to do the best for him. Sell it to an investor and get your seller the most that you can, and take a fair and customary commision... or tell your broker you need to do some property management... get the tenant out, then sell the property as above.

Gail K. · Answer

Are you interested in buying this property yourself or were your direct mailings sent to sell the house as an agent?

If the former sounds like you'd be in in excellent shape to get this house for a great deal since the owner wants it gone.  Then you can get rid of the tenant.

Otherwise unless the owner legally makes you the property manager you're not the legal agent that can evict this tenant.

Gail

Kim Meredith Hampton · Answer

@Michael Ablan if you have the owner sign a management agreement under your broker, then you as the agent can file on his behalf. Do not do this without and under the broker you work for and hang your license. At that time you can act on his behalf with a landlord tenant attorney. My suggestion is to not take this in if you don't know the ins and outs of property management

On the other hand If you want to buy, do it and do all this yourself

Todd Plambeck · Answer

As an agent, can't the current owner make you the property manager and then you would be empowered to evict the tenant?  Or give you Power of Attorney?  Not sure about NY real estate law that's why I posed that as a question versus advise.

Account Closed · Answer

@Bob Collett   I completely agree.  It is certainly not suggested by real estate commissions to advertise and then decide if you want to wholesale a property or if you want to act as an agent especially after you have had this amount of discussion with the owner.

I think the most important questions are...

1)  What did you tell the owner you would do in the advertisement?

2)  What does the owner think you are going to do?

3)  Have you had a price discussion?  Was it before you even decided what you were going to do?

Michael Ablan · Answer

Thanks for all of the input and suggestions everyone!

To add a little clarification.  I sent out the letter soliciting as an agent, while mentioning that I'm also an investor who may be interested in buying at a below market price.  When I spoke to him over the phone, I emphasized that I would do everything in my ability to help get him out of the situation as smoothly as possible.   The tenant has already been making that part difficult.

I think my plan is to offer both paths and let him choose which one he wishes to travel down.  Either way I'll make some $ and learn a whole bunch from the experience.

Patrick Liska · Answer

@Michael Ablan this is an opportunity for you to make some good money. i would agree with @Tony Gunter try and get it for as low as you can from the current owner, either get a lawyer to Evict or turn around and sell it to an investor for more $. this is a good opportunity and i wouldn't bother with the whole property management side.

Can I evict a tenant when I'm not the property owner?

Most Popular Reply