How to evict an inherited tenant?

Question

I purchased a property from a wholeseller that has a tenant in place. The contract said there is a 10 day post-possession to allow the tenant time to move. After talking with the tenant they are making every excuse for not being close to moving (junk in the house/yard, 7 cats, can't find a place). They only have a few more days to be out of the property, so I'm concerned that they won't be out on the agreed upon date. Because this is an inherited tenant, and I won't be renting to them, I don't have a lease agreement in place. The contract I signed was between the seller and myself, so how can I enforce the post-possession date for when the tenants have to be out?

Jim K. · Answer

Well, John, if the tenant has a lease with the original owner, you are obligated to honor that lease. Whatever new contract you've got on the sale of this property doesn't matter. Now, let's say that the tenant didn't have a lease with the original owner. I don't know the law in Arizona, but here in western PA, that means that the tenant's original lease has reverted to a month-to-month lease, and I'd be willing to bet the same general provisions apply in Phoenix, Arizona.

It's the fifth of the month today. The tenant will have until the end of the month to get out, more if you have not issued a 30-day notice to quit yet. Go consult with a LOCAL lawyer to make sure that what I've just told you is true.

You can't just buy the place from the owner and put your boot in the tenant's butt regardless of whatever agreement they had with the former owner. This is a basic investing issue you have to learn more about before you buy other occupied rental properties.

Cameron Tope · Answer

@John Lamb don't fret! You're not the first person to have this issue, and you won't be the last!

Heed @Jim K. s advice - consult a local attorney and read up on the landlord tenant laws. You want to make sure you're following the process so you don't slow down the process.

Best of luck!

Doug McVinua · Answer

@John Lamb As stated above you are likely dealing with a tenant with rights in the state of Arizona. Is the tenant the former owner or was this an actual tenant?

A 2nd note is that a 30-day notice must be given before the renewal date (typically the 1st of the month) and would then give them 30 days or a month from the renewal date. So typically a notice given in September would mean vacancy by the end of October.

It would seem you also have a non-payment of rent which could incur a 5-Day Notice of non-payment, the first step in an eviction process typically.

You have more unknows than known and as such might be well served to obtain the services of someone like Dr. Evictor that is a true professional in Arizona Evictions.

Bob Okenwa · Answer

@John Lamb

You should read the Arizona Residential Landlord Tenant Act. It is rental law here in AZ. As @Jim K. had mentioned, leases run with the land and if there is no written lease, then it is assumed to be month to month. You will need to serve them a 30-day quit notice inferring that you will not be renewing their lease. Get this done ASAP as in like today to begin the clock ticking. You should consult with an attorney as well to be on the safe. Consultations tend to be free for like 30 minutes or so of their time.

Kim Meredith Hampton · Answer

John,

I would imagine that they don’t have a lease and are month to month. Most times you need to give them proper notice per the law in your state (30 days). You could also try cash for keys to get them out faster, but the proper notice should work. You must watch out for wholesale deals, most just want to get that contract in place, and the rest is your problem

John Lamb · Answer

@Doug McVinua Thank you for the information. I did deliver the 5 day notice to the tenant since no rent has been received. While I was there, the tenant was starting to pack up and did tell me they will be out by the agreed upon date. So I'm hoping that this is a step in the right direction.

Rob B. · Answer

All comes down to evaluating that prior lease and per what Cameron and Jim have noted above, definitely worth seeking out legal counsel to figure out what your options are in this particular instance. I additionally think that the 30-day notice is something you should move on in a timely fashion (as @Bob Okenwa stated) because you don't want that whole process to slow down even further (so if you're going to be looking for another tenant - might make it more of a challenge as we head out of peak rental season). I hope things work out for your situation! Best of luck.

Kenny Dahill · Answer

@John Lamb, you must honor their lease.  Sounds like they're in the process of moving out, which is good.  I'd continue to stay on top of them about that move-out date in the event it looks like they will not meet.

I believe Arizona has a 30 or 60-day holding period too in case you do need to evict.  Meaning, you must hold onto their possessions and cannot simply throw their stuff away.

Ola Dantis · Answer

@John Lamb

In these situations, a quick Cash-For-Keys strategy might be worth trying before going to the lawyers.

Aaron Froggatt · Answer

You could always try the ole cash-4-keys technique. I certainly would not recommend shutting-off the utilities or changing the locks when they aren't home.

AF

How to evict an inherited tenant?

Most Popular Reply