Inherited tenant- need advice!

3 Replies

We bought a 2 family property in MA with an inherited tenant. Spoke with them about rent payment and they said their previous landlord had always accepted rent the 3rd week because they use SS to pay for it although the lease says rent is due the 1st of every month. Also, they asked to post date the checks and give them to me so I could deposit them on a specific date. Did not give us full payment for the security deposit and said previous landlord had taken it from them so they couldn’t pay it. What should I do in this situation? Never been a landlord before, and don’t know how to handle it. Also received a life story of woe to go along with why they couldn’t pay on time. Do I accept that? If so, how do I document the late payments so the paperwork holds up later down the line if there are more issues? Or should I start the eviction process- any tips on that? I’ve heard MA is really on the side of tenants most of the time. Thank you for any advice!!!!!

First download your state landlord tenant laws.

Social Security is deposited into recipients accounts on the 3rd of each month.. so you could agree not late fee if paid in full by the 4th.. Let them know going forward this is the format .

Don't accept pre dated or hold checks.

The security deposit they had on record should have been transferred to you by the seller , it should have been included in your closing documents,, if you missed that then your out a security deposit.. If they paid prior landlord they don't owe you again for that.

Condition of their unit as of date of sale is what now you can start charging for as far as any damages done.. nothing prior that was previous owners, and you took building as condition of date of sale.

Do a walk thru of apt to establish condition soon.

These tenants could be great tenants they just need to be advised on how things will formatted from now on.

the terms of their lease transferred to you, you will have to honor the terms until lease date ends and then you will have to give either a renewal or non-renewal notice to them with in the proper notice period required.  

You may be on the hook like Deanna said. In the future, have the tenants fill out and sign estoppel agreements that detail all of these things prior to closing so you are not caught by surprise. There is one in the documents library here on BP.

Check you state and local laws first.

It sounds like this may be the kind of tenant that is going to push the landlord until the landlord pushes back. It is best to push back now. Write up a new lease with your terms and ask them to sign your lease. It will contain all the specifics such as when the rent is due, what the late fee is etc...

The tenant would either sign this lease with an understanding that the terms will be enforced or the tenant would receive/sign their 30 day move notice.

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