Inherited Tenants. Ugh!

[Ross K.]

Good morning all, I recently purchased my third duplex in San Antonio and am having a hard time getting one of my inherited tenants to move out. I plan to use the BRRR strategy on this property and need to get the rehab started asap. Here's the situation. I purchased the property in January from a woman who had just inherited the property from her late father. The prior owner lived in one side and had a tenant on the other. That tenant is who I have inherited. The tenant claims she had a lease with the prior owner paid in full through June 30th, but the daughter has no knowledge of it and the tenant herself will not provide me a copy of it or even let me see it. Hmm. So I served her on February 3rd with a 30 day notice to vacate and she accepted. Through discussions with her, I extended that through yesterday, March 8th. I went by yesterday and she hasn't moved out and is now asking to sign a 3-week lease at market rent. My question is this (calling all San Antonio, specifically Leon Valley, property managers here): can I give her a new lease that is less than 30 days and include a clause that the new lease supersedes any prior lease? My thought being that I would then know with certainty the lease status on the property and can then more readily move to evict after that term. Or do I just proceed with eviction? She hasn't paid me a dime in the 6 weeks I've owned the property and the daughter of the prior owner says there wasn't a lease in place. I'm worried if I go this route, a lease will magically appear with no one to vouch for the validity of it. The daughter I purchased from has no interest in assisting anymore, she just wanted to get rid of the property. Wow, sorry for the novel! Thanks for any help you might have! Ross

[Deanna McCormick]

So file for eviction, cause, failure to vacate after notice. You do not give or extend any type of lease.

Check your state landlord tenant laws.

Include on the eviction all past due rent.

If she has proof of payment and a lease she'll bring it to court. you know it doesn't exist or she never would have agreed to vacate.. Did you get that vacate notice from her in writing.. or just verbal. make sure if written you bring copy to the court of your notice and her acceptance if you have a signed copy of that