Inherited Tenant Question

6 Replies

Can someone just confirm that I'm thinking correctly on this matter that just came up please...

I'm buying a duplex here in central Arkansas and there is a tenant already in place in one of the sides that has lived there since 2012.  It's going to have to be a complete redo with I feel big plumbing issues.  That said, I would love to be able to get the tenant out so that way I can completely rehab the place, bring rents up and get someone in both sides that I approve of (I don't think they would pass my screening process).

The situation I'm in is this...Owner of the house passed away (I believe) and left it to her daughter that lives in California.  She just wants to get rid of it and be done with it.  The original owner had a property manager in place but his company filed for bankruptcy a couple months ago and has had no contact with the tenant since.  Ever since the beginning the tenant has had a month to month lease but since the property manager has been out of the way the tenant has been living for free.  No one has lease agreements between the two and no money has changed hands the past couple months.

The way I see it, is their "lease" is not valid and I could essentially evict as soon as I close on duplex (21st).  I told them I wouldn't do that because that's not how I conduct business but I would maybe give them to the end of the month and just have my contractors start on the empty side.  He was nice but at the same time was saying about a 30-60 day notice to leave.  Essentially their rent was SUPER low at 450/month.  I will be around 650-700 when I'm fully rehab'd so I just want them out so I can get my contractors in and be done with it.

My thinking is since there is no lease and no money that has changed hands for this month then they have no lease so when I take over I can kick them out?  That sound right to all of you??

TIA!!

@Cory Cox look up the landlord tenant laws... I think there is a minimum time frame you have to give them. Keep in mind even tho they haven’t paid and Loney hasn’t changed hands YOU haven’t given them a late notice or notice to quit so technically since they most likely haven’t been informed in legal fashion, they might have some ground to stand on. You may find a local RE attorney and see what they think...

They do have a lease, most likely verbal. You must learn your state landlord tenant codes before you proceed or hire a qualified lawyer to manage the tenant. You are required to give notice to non renew according to your state codes.

@Cory Cox . If they have established residency in the home, which clearly they have, you’ll need to go through the formal eviction process. Or cash for keys. Either way you won’t be able to (legally) walk up to the front door and kick them out.

@Cory Cox You are filling in a lot of blanks with assumptions, some of which I think are wrong, but I don't know your local landlord/tenants laws. You need to talk to a local attorney before you cause a problem.

Thanks for all the feedback everyone!  That is obviously a misread on my part then.  I will get a hold of one here in town today and try and figure out the best plan of attack.