Notice to Vacate after Closing

6 Replies

Hi, I'm closing on a multifamily home today that I purchased using an FHA loan. It has 4 apartments and we're moving into one of them. What are some best practices when it comes to asking the current tenant to leave? All the units are currently occupied on month-to-month leases and I need to give at least 28 days notice to vacate.

Give written notice today.. to whom ever you want to be out.

Non-renewal is type of notice you want to give.

Make sure your state guidelines are followed.

Notices usually have to be posted, at apartment door, written, and given prior to the 1st of the month.. for them to be out within a " month "

Earlier than the 30th for notices is better,, better to give extra time than cut things close..

They might not leave,, you might be forced to then file eviction action.. Just don't agree to longer period without giving another proper notice.. once you change the game  you have to start over..

Here's a best practice for you:  Insist that a unit be empty at closing.

Would you want to try to find a place to live on 28 days notice?

I bet not.

In the future, make it a condition of closing that one of the units be vacant.  That puts the onus on the seller to move the tenant out (which will probably require giving him some cash, if you don't want him to just ignore the date and take the time he needs.  He can get at least another month before you can really do anything.)

If you want someone out now, give as much notice as possible and consider kicking in a little moving cash.

Otherwise, you may find he stays for 90 days, and delivers a trashed apartment you wouldn't want to move into

Hi @Matt Hourigan

Congratulations,

Check your local laws to be sure you are meeting them. Here it would have to be 28 days from the renewal date. So if you issued a non renewal today then the earliest they could have to be out is December 31st. In this case I would work with them and try and make it as easy as possible. This is one of the rare times when I recommend cash for keys if things look like they may even start to go sideways. Most other times I am opposed to that tactic. The two reasons I do in this instance is that you put them in the situation and more importantly you are under FHA to be owner occupied. If things do not go according to plan, you can be drug out for awhile.

So good luck!

Mike Cumbie, Real Estate Agent in NY (#10401285310)

I absolutely agree with Richard. Next time ask the seller to vacate tenant before you can close. So the onus is on the seller. 

If you don't want a trashed unit, be ready to use cash for keys. You don't want to be doing major work before moving into your own house. Leave that tenant smiling instead of bitter.

Thanks all, good advice. I'll let you know how it goes. Would a Seller really be willing to have a tenant vacate before closing? Is that common with an FHA deal?

Originally posted by @Matt Hourigan :

Thanks all, good advice. I'll let you know how it goes. Would a Seller really be willing to have a tenant vacate before closing? Is that common with an FHA deal?

 It is common with any deal.  It would not be uncommon for the entire building (every unit) to be delivered empty.  Many landlords don't want to deal with tenants they didn't choose.

Saying you are moving in and need one unit delivered empty would not be something a seller or their agent would in any way be surprised to hear.

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