15 Year Existing Tenant w/o Lease- DEAL or DON'T?

15 Year Existing Tenant w/o Lease- DEAL or DON'T?

Real Estate Agent · Winter Park, FL · Member since 2018 · 86 posts · 35 votes

I JUST closed on a flip I had a lot of money into and am looking to buy my next deal. This time I'm looking for a cash flowing, long term hold to rent out. I found one that needs some rehab but will cash flow, HOWEVER there is a potential snag... there is an existing tenant, with no lease, that pays under market rent (about $400 under market). The listing agent said they are willing to sign a lease if the carpet gets changed out. I'm asking if they would be willing to pay more (currently paying $1000, market rent is $1400 for this property). I'm worried about the implied lease since they've been there for 15 years and also not sure I want to inherit a tenant... 

Anyone have experience with dealing with a long term (15 year) tenant with no lease on a property they're buying? What are the options/laws and is this a GO or NO GO? Would especially appreciate feedback from Floridians that are familiar with our state's tenant/landlord laws specifically related to implied leases. 

Thanks!!

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    They are simply, by default, on a month to month lease, as per state,as.  It doesn’t matter if they’ve been there 15 years or 15 days....give proper notice to terminate, 20-30 days, then rehab and rent to someone for market.

  • Real Estate Agent · Winter Park, FL · Member since 2018 · 86 posts · 35 votes
    7y

    @Wayne Brooks Thanks! Seems super simple... 

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    7y

    That's a pretty large jump.  And, even if the tenant can afford it...which is a big "if"...he'll probably be resentful about it.

    I'm not in FL, but recently had this issue in New Orleans.  I bought two duplexes that are next to each other (same seller).  Basically a slumlord situation where he let these properties deteriorate for years.  I suspect rented to whoever had cash in hand at really low rates, so no one bothered him with maintenance issues.  No leases, though I did get estoppel agreements.  Everyone was month-to-month.  Heck, he didn't even have keys for the units.  Only the tenants did.  No way was someone like that going to go to the trouble of vacating tenants for a sale.  But that's okay.  It's one of the reasons I got these babies on the cheap.

    One unit was vacant at closing.  The other three were inherited tenants paying $500/month for rents that should have been $750/month.  Even with their poor condition.  And $1200/month once fixed up.  One of those tenants had been there for 20 years.

    For this situation, I didn't even give the option for the tenants to stay for a higher rent.  I would have doubled it and I highly doubt anyone could have afforded that.  Plus, for the kind of renovations I wanted to do, it would have been tough to do with people living there.  Instead, I closed toward the end of June and gave everyone a Notice to Vacate by July 31st.

    Oh, but of course.  2 out of the 3 tenants don't pay their July rent.  Including Miss "I've lived here 20 years and always paid my rent on time", mmm...hmmm.  Nor did they leave when I posted the Pay or Quit.  Evicted both sets for non-payment of rent and they were gone by July 29th.  The third tenant pushed it about a week past their deadline.  But we could see they were in the process of moving out and didn't make an issue about it.

    A pain while it was happening, sure.  But was about what I expected and it is so much nicer to start with a fresh slate.

  • Real Estate Agent · Winter Park, FL · Member since 2018 · 86 posts · 35 votes
    7y

    @Jennifer T. I'm glad I know this now! The day after I posted this the property went pending... I guess someone else saw the deal that it was! Thanks for sharing, because now I know on the next one... :) 

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