Other options besides 60 day notice

[Mike Flora]

I'm purchasing a property and taking over the tenant who is currently in a month to month lease, always behind in payments, does not live in the property, but does state in the lease agreement he can store stuff at the property. Instead of giving a 60 day notice or evicting I want to have my lawyer write up something myself and the tenant to sign off on that would state that on Jan 31st all items left at property would become mine to do whatever I want to do with it and the lease is terminated without eviction needed since tenant does not live at property whatsoever. This is beneficial to me for him to stay and pay till that time noted due to the terms of my deal and I would be rehab and flip property after tenant is out of picture. Just a little different circumstance since tenant does not live in property. Could something be written up by a lawyer and signed off on or am I just stuck with the basic eviction process no matter what????

[Marcia Maynard]

If the rental is a residential unit, then you need to treat it as such whether he's living there or not.

If the rental is a storage unit, then it would fall under different laws.

What @Aaron Mazzrillo said makes sense.

Everything's negotiable. Talk with him about a move-out plan and give him the option of signing his own Notice to Vacate if he chooses to move voluntarily. Back this up with the 60 day notice served properly.

Find out if there are any barriers he faces to getting the stuff out in a timely manner. If so, helping him overcome some of those barriers becomes a bargaining chip.