Are they on a term lease or M2M.
If they are M2M they should have been non renewed and out at the end of August. If they are on a term lease they should have been issued a pay or quit on July 2nd and by now be well into the eviction process. There is no point in having "conversations" with tenants. You tell tenants what your expectations are and follow through with actions. Never waste your time listening to excuses. Your response to a excuse should be written notice to comply...with a deadline.
If you have done neither then first thing Monday morning begin the process to evict or non renew.
The washer is a non issue. Get rid of the inherited tenants and do as you please with the washer for your new tenants. If you decide to take on the ongoing issues/headaches you will have with these inherited tenants simply decide if you are replacing the washer or not.....they will definatly let you know it is your responsibility to replace it.
You will regret it if you do not get rid of them.
Like @Dennis M. says, start the eviction process immediately if the tenants aren't paying rent.
If the washer isn't in their lease more than likely it's theirs. REfusing to repair it, and booting them, your biggest risk here, as I see it, is they move with a broken washer.
Totally agree with the concept of boot them. Once they are gone you will find out who the washer belongs to, since if its theirs they will take it. If not, THEN decide if its worth fixing.
When you bought the duplex what did it state about appliances? Each property I've bought was very clear what appliances came or were exlcuded with deal.
The contract for the purchase, not the lease.
@Dylan Meeker - You should've received copies of documents at closing. If you don't have them, your agent's brokerage is likely required to retain documents for a certain number of years after closing.
Everyone on here talking about eviction is correct. If you haven't yet, you should get a copy of your state's landlord tenant act and stay awake reading it. This will guide you on everything you can and can't do.
Btw, if you're paperwork doesn't show you own the washer, you don't. Let them keep it or throw it away when they leave, but don't fix it.
Originally posted by @Dylan Meeker :
@Matt K. Ah, I'm honestly not sure, I know this is a real amateur question, but is that something I would have a copy of? I'm guessing so. I'm not home at the moment, I'm at work until 6am unfortunately.
IF you used a standard contract it should look something like this (if not identical)
(page 7 of the document).
At the beginning of next month Do not accept anything other than full payment + back rent + any late fees as provided for in current lease unless the tenant is willing to sign a new month-to-month rental agreement with you. As a carrot, I would offer to forgive late fees from the previous month for a signature on my month-to-month rental agreement. I have found that it is possible to get most inherited tenants on board with my policies-- you just have to offer the incentives that get you the behavior that you want. Are these properties in B-B+ neighborhoods where you can attract high-credit score tenants? or are they in more B- / C- areas? This is going to determine your best course of action.
You can read up on Iowa landlord-tenant law here:
On the plus side if it's not his he doesn't have to fix it. If it ends up it is his, you can typically find refurnished one cheap at used appliance store