Rental Property Investor · Atlanta, GA · Member since 2013 · 67 posts · 26 votes
I recently purchased a duplex in Atlanta, GA in Fulton County. One side is occupied and I'm currently rehabbing the other side. We are repairing rotting, moldy floor joists, a condition that extends through the floors of the other unit, due to years of leaks and neglected maintenance by the previous owner.
I have explained to my tenant that the unit is not suitable for habitation because of the mold and rot, and that these issues cannot be repaired on her side while it's occupied. She has agreed to find another home but it has been two weeks and it doesn't seem to be a priority for her. I would like to light a fire under her to get her moving. What is the best way to remove her so I can rehab her unit? Is there a clause for immediate eviction due to "unfit for habitation" reasons? What is your experience in dealing with this situation? Everything I've found online have been for tenants to address their landlords; I haven't found anything for landlords to give their tenants.
The lease doesn't not have an early release/termination clause for either landlord or tenant.
Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
9y
This may open a can of worms but you might consider contacting your local Code Enforcement Office and explain the situation. They may also determine it is not fit for habitation in its current state and force the tenant to vacate.
The other option is to provide this tenant with some financial assistance in helping them move.
Rental Property Investor · Atlanta, GA · Member since 2013 · 67 posts · 26 votes
9y
Thanks Gail, I'll look into the code enforcement route.
Max, if it was any of my other tenants, I would. I inherited this tenant with the house but I would not choose to put her in any of my properties. Drugs, prostitution, parties, fighting, you name it. She does pay rent, but always late.
Read and learn your state landlord tenant codes. There is usually a clause that allows a landlord to terminate a lease for the purpose of renovations. Otherwise wait till the mend of lease and do not renew.
Rental Property Investor · Atlanta, GA · Member since 2013 · 67 posts · 26 votes
9y
John, there is no deposit. I would have to pay her. A lot, since she already rejected my offer of one months rent cash for keys. I didn't get a deposit when I purchased the house because the previous owner didn't take one. The word on the street is he took payment in the form of sexual favors. What I want to know is how the judge will rule. Mold/rot is not an issue, I'll be gutting it anyway.
Thomas, I have read them, over and over. Its very general in GA. Its clear on what a landlord must do to keep the dwelling habitable for the tenant, and the tenant can end the lease over specific issues, but there's nothing specific on how the landlord can end the lease to fix things. I'm trying to figure out how to do this legally.
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
9y
I had a similar situation a couple years ago. The unit was in HORRIBLE condition. No drywall or lower cabinets on one wall of the kitchen. Half the "flooring" was just the concrete slab, lol. Except the "tenant", who was living there for free because his sister was the previous owner, wasn't on any kind of lease. So, the day after closing, I gave him a 30-day notice to vacate. I also offered him $300 "cash for keys" if he was out in those 30 days and there was no further damage to the unit.
I realize it is a lot more difficult for you because she still has about 6 months on her lease.
I hear what you're saying, but I think you might be opening up a big can of worms for yourself trying to get her out for uninhabitable conditions. I'd keep the "cash for keys" door open for her, for the next 3 months or so. I mean, don't tell her that length, but an occasional reminder, "Hey, my offer still stands. $X If you move by Y date and don't have any damages to the unit.
In addition, if she pays rent late, post that 3 or 5-day notice the day after rent is due. Are there terms of the lease she is violating? If so, take evictions steps for those.
Investor · Hillsboro, OR · Member since 2016 · 310 posts · 153 votes
9y
Also, have you had the mold tested ? This could work for you or against you in court. If you can prove that it is not toxic mold that will limit her future claims. Put this duplex in an LLC
Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
9y
@Sheree H. If you're pulling permits for the rehab then code enforcement should not be a problem, but I would not go there unless you have to.
I would remediate (not test) the mildew or discoloring in her unit and evict her asap. I know Fulton County Courts take their time for and eviction, but get the ball rolling ASAP. I'm betting you can find a viable reason to evict her for. Get an attorney on it and it will move a lot faster. Lucky for us, we aren't in California or one of the other anti-landlord states.
Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
9y
I think I would wait it out rather than force it as long as she stays current on rent. It's only seven months and you're planning on renovating when she leaves. Nothing good is likely to come out of getting building inspectors involved. Stinks that she won't take cash for keys though.
Rental Property Investor · Atlanta, GA · Member since 2013 · 67 posts · 26 votes
9y
Thanks for all the great input and responses! I appreciate the help!
I just wanted to find out if I could legally evict her based on the condition of the house. The house is bad and it is a liability to have her and her child living there, but there are also other important benefits to me in a quick eviction. ie the cost/time savings in renovating both sides simultaneously, and getting a better tenant for the renovated side if she's not there. However, it sounds like I need to just go the traditional 30 day eviction route.
Forney, TX · Member since 2013 · 119 posts · 101 votes
9y
What does the lease say about maintenance/repairs, LL entry to unit with or without notice given and what times of the day can you enter?
Document and take pics all you have done to try and get her to leave and of damage, pull rehab permits, verify entry, repairs with property code before doing below.
If you are allowed entry during normal biz hours and you can enter to do maintenance, then start your renovation while she lives there. I mean pull up floors, remove sheet rock to fix mold and whatever else needs to be fixed. When you leave for the day make sure she can walk on some type of subfloor, she can live and lock up. She will either deal with it or move, only one way to find out. She probably will not stay long and if she decides to take you to court then you have documents and pictures showing the house isnt habitable. Also if she calls Code enforcement you have already pulled the permits and specified the work needing to be done.
If you bought the house with the existing tenant then you inherited the lease as I see it. Have you tried may be just offering her a little cash for keys. Do not give her the cash unless she vacates the unit and signs it over to you. Then get her to sign off that she is taking the cash and willingly move out.
We had a similar situation on a property we bought at Cook county sheriffs sale. It was a 2 flat and had a bad roach problem. While rehabbing the upstairs unit upstairs the workers kept seeing roaches. Then we realized that the issue was because of the preexisting tenant down stairs. They lady and her husband seemed like they were willing to work with then and continued renting to them. In Cook county it takes a 90 day notice before you can even start the eviction if there is a existing tenant on a property you buy from auction. So by the time the sheriff shows up for eviction the process can be 6 months minimum.
So we offered she move out and we would rehab the whole building and then she would have a nice clean unit.
She moved out willingly and then a few days later I get a call from an attorney from some sort of a tenant right attorney free advocacy group. Even though she moved out on her own she accused us of throwing her out.
Just to avoid the headache we paid her $ 1100 to get rid of the headache. It was total blackmail because we had done nothing wrong. Yet we forgot to get a piece of paper signed so we have something in writing from her.
It may be worth while trying to offer a little money and getting rid of the headache. I hate doing that but sometimes it's easier than fighting a stupid person. It's a business decision sometimes.