What type of termination do i present

Question

Hello Everyone,

I just closed on a MFH, the existing tenants are on Month to Month but prior to closing i got a lease agreement from the seller that is dated as far back as 2014.

I dont plan on keeping the tenants as the property has great potential of increased rents when i do some work on the house.

What type of letter would i present to the renters to get them out with a month notice? Would it be an eviction notice or lease termination?

Im also open to ideas on the best way to go about it.

Thank You

Enyi Ajoku

Enyi Ajoku · Answer

Will definitely be doing that, thanks again

Deanna McCormick · Answer

First things first verify if they are on Section 8,, do you receive any payments from Sect 8 regarding their rent, and find out if Sect 8 has a copy of their lease.

You can't force a new lease on them without proper notice, and it all depends on what the current lease terms are,, so you need to figure that out.. ASAP..Once that's done,, you'll be able to plan from there.

Could be seller didn't notify Sect 8 and he's still getting their rent ...submitted to him..that he sold and your new owner.. so get on top of that.. CALL Sect 8.

Enyi Ajoku · Answer

@Deanna McCormick According to the expired lease that was provided by the seller, they didn't pay any security deposit.

I think there is some kind of relationship between the tenants and the sellers as i do agree with your concerns but i will be verifying based on your comments if they actually are on section 8.

The lease agreement i have has section 8 stamped on it which led to my assumptiopn they are on section 8.

To avoid any hassle, damage to property or eviction process i'm going to let them stay with a new lease (month to month) and in the 6th month give them a non-renewal notice, an increase in rent and a security deposit in place. I'm hoping with these procedures they would be willing to stay with my terms or vacate the property with mutual consent than dropping an eviction on them hence having a disgruntled tenant that might cause damage to the property.

What do you think about my strategy

Enyi Ajoku · Answer

Thank you Deanna your response are always well detailed and very explanatory. i live in New York and its legally allowed to do 30 days but i think i would go with 45 days to give them an edge to find somewhere else

Deanna McCormick · Answer

Also it seems odd that if tenant is on section 8 that they wouldn't have a year term lease.. usually section 8 requires a year term and do annual inspections prior to re certification of new lease renewal.

Deanna McCormick · Answer

It's a non-renewal notice, If they have been there for awhile and currently on month to month lease with rent due on the 1st,, notice them at least 45 days ahead of time.

You also have to notice section 8,,that your non-renewing

If they fail to vacate after proper written notice, then you file for eviction action failure to vacate after proper notice.

For current Tenants,, the Security Deposit should have transferred to you the new owner with interest, from the seller, within the closing procedures.. If you didn't get that than I'd request it from seller.

The tenant would not owe you the deposit again, if they paid one when they moved in,, years ago.. but you would still owe them a refund if they moved out.. You should go in soon and take a look at condition of units.and do another condition check sheet. the condition of unit from your date of possession,, any prior damages would have been sellers, and you bought building as it was presented..

A deposit if originally paid by a state, or government agency is paid to landlord on behalf of tenant,, it is refunded to tenant,, not back to state or government agency,, you can double check but that is usually the rule.

Deanna McCormick · Answer

It's a non-renewal notice, If they have been there for awhile and currently on month to month lease with rent due on the 1st,, notice them at least 45 days ahead of time.

You also have to notice section 8,,that your non-renewing

If they fail to vacate after proper written notice, then you file for eviction action failure to vacate after proper notice.

Enyi Ajoku · Answer

Both tenants are on section 8 (one of the reasons why i want them out), following your suggestions i would go ahead and present a new lease agreement to them.

I also plan on collecting a security deposit, my question is who pays the security deposit? the tenant or the state?

Enyi Ajoku · Answer

@Michele Fischer thank you for your response, yes i did some more research and it would be a Notice to Terminate Tenancy. i do like your idea and would definitely try and work that out with them.

@Thomas S. i know my state and county laws, they don't have any lease agreement hence i have the option of either proposing one or terminating the tenancy. I would also go with raising the rent first and see where that goes, thank you

Thomas S. · Answer

You need to take the time to learn your state landlord tenant regulations. You are operating a business that is governed by the codes. Learn them before you take any action if you want to avoid having a tenant take you to court.

Learn your state codes then come back and ask questions if you need clarification. Keep in mind that only landlords operating in your state can provide reliable legal advice.

Try legally raising the tenants rent without renovating first. If they agree you have saved yourself unnecessary expense.