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Vaughan Bryan
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Application for existing tenant new property

Vaughan Bryan
Posted Sep 23 2019, 00:27

Purchased a new rental property in MA and existing tenant does not want to complete application. So I can generate a lease or TAW agreement. Is it a requirement in Ma that a tenant landlord agreement be in place? Is there a way to serve an agreement if the tenant refuses to sign? This way I can have something in place that if there is a breach I can start eviction process based on that, breach. Thanks

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Replied Sep 23 2019, 05:15

@Vaughan Bryan Doing your due diligence your should have received a copy of the previous lease. The lease is still effective until it expires. I looked at a property where the seller liked the tenant so extended the lease for 3 years at below market rates. I did not buy the property. if there is no lease then it will be considered mtm and if he doen't make the rent payment you will have to start eviction. Look at your states landlord tenant laws this will be your guide.

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Nathan Gesner
Agent
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
Agent
  • Real Estate Broker
  • Cody, WY
ModeratorReplied Sep 23 2019, 06:12

if they are under an existing lease, you can't legally force them to complete the application process or sign a new lease. Wait until 30 days prior to their current lease expiring and then give them notice to vacate. You don't want to keep a Tenant that starts off by being difficult.

If the original lease has expired, or they are under a verbal agreement, give them the choice of passing your screening and signing a new lease within five days or you will give them a 30-day Notice of Termination (or whatever your state requires).

  • Property Manager Wyoming (#12599)

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Vaughan Bryan
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Vaughan Bryan
Replied Sep 23 2019, 15:19

@Nathan G. Thank you