Investor · Atlanta, GA · Member since 2017 · 58 posts · 18 votes
Hello Everyone,
I just purchased a duplex in December. One of the tenants does not have a lease in place and she has not responded nor signed the one I sent. Additionally, she has been late paying her rent every month. The property is in Tennessee. What is the best way to get her out? Serve a 30 day vacate notice? Start an eviction?
This is where you need to get counsel from a local eviction lawyer to see what are your rights are and what steps you should be taking to evict the tenant. Do not try to work with her. Just evict. If you are starting on a bad foot with this tenant, its only going to get worse. Nip it at the bud.
Specialist · Cleveland, OH · Member since 2018 · 1k+ posts · 666 votes
7y
@Christy Holt why has PM not knocked on their door and taken care of it ? If they are late so be it,( they are late as it seems nobody has knocked on their door and they know your out of state ) they are paying right ? As long as they are not a month behind. Also maybe their pay schedule would require you to make it so the payment are do on the 15th vs the 1st ? I always give tenants the benefit and try to please them until its time to be more aggressive. " Give them enough rope let them hang themselves " Sure send them a 3 day notice to get their attention. But you should not have to be bothered with this, PM should handle all.
@Christy Holt I am in a similar situation with a recent acquisition, but I started off with talking to the County to see what my options are. My option is I can evict if no response. Many people that do this know what they can get away with and will push the limits. Sometimes you can pushback.
There are several questions. Why no rental agreement? Was it a friend of the previous owner or had they been there so long their lease expired. If they are paying the current rent and you inspected the apt before you bought I would try to keep them as a tenant. Some landlords are not anal about getting the rent on time just as long as they pay, which may have been the previous owner trained the tenant. The tenant may be scared to sign a lease but still be a great tenant with a little training by you. I would give notice of an inspection---in Montana you have to give 24 hour notice---and then video the whole inspection looking for blemishes that are already there. This can probably work as a move-in checklist. Then while there you or your agent can talk about the new lease and payment date. Offering the lease at $50 per month less than rent is a pretty good incentive to sign the lease.
Rental Property Investor · Sacramento, CA · Member since 2015 · 1k+ posts · 893 votes
7y
@Christy Holt is there a property manager involved? A year of management fees would cost you as much as the legal counsel. I'm a CA resident is well and have done a lot of property takeovers out of state- my #1 resource is my property management team. I'd strongly recommend you hire one if you have not.
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
7y
@Christy Holt
I’m confused in a couple points and ideas by people. Is she current on rents as of today? What would the eviction notice be for? You can’t just evict somebody without any violations.
I would serve her a 30 day notice, or whatever the minimum is by state law. If and when she is a single day late on rent prior to move out, then start procedure for eviction.
Normally with a new tenant I’d give them a chance to sign my lease. But that would have occurred the first month I took over. Since she has been late on rent, you don’t want her to stay or sign your lease.
New to Real Estate · Argyle, TX · Member since 2017 · 28 posts · 25 votes
7y
Disclaimer *this is not legal advice*
If I was in your position, I would go to the duplex, knock on the door, talk to them in person, put a pen physically in their hand, tell them to sign the lease, and pay the rent on time. If they don’t, I’d say “you have 24 hours to get your **** out of my house or I’ll take it out for you” ...this is a Marine’s mindset hahaha
Rental Property Investor · NY MA CT VT MT, MO · Member since 2015 · 200 posts · 116 votes
7y
@Jennifer T. Sorry you lost the duplexes but good for you for not getting suckered! I'm stabilizing a property I bought in a hurry (1031 running out) a year ago, and neglected to do enough due diligence; trusted the Seller on some stuff I shouldn't have. Apparently lying is all the rage these days.
Mine will work out fine but my butt is sore from kicking myself in it so many times-- wished I had walked away from the deal like you did.