Tenant remaining in home after foreclosure

Tenant remaining in home after foreclosure

Athens, AL · Member since 2017 · 62 posts · 12 votes

Good afternoon. I need the advice of the more experienced people on here.

Four and a half months ago, I closed on a foreclosure. There was a man, his wife, and five children living in the home. The home had belonged to the man's aunt, and they were supposedly paying $500/month rent to her. After closing, I went to talk to the man to see what we could work out. He said they were planning on moving out in February, after he gets a tax refund check. So, I wrote him a contract to expire the last day of February. I let them stay for $400 per month, which is about half or less of market rent, if the house was updated. They made on time payments each month. I wrote the contract so that if they stayed past the last day of February, the rent would go up to aproximate market, which is $900. It is now the 4th day of March, and I have received no rent payment for this month. I talked to him yesterday, and he said he should have the money by Friday or Saturday, and asked if they could stay until his kids are out of school at the end of May. I honestly don't see how this family will be able to pay $900 per month. But considering the situation that they were in, I have tried to help them out the best that I could. Since the house was bought with cash, the only money that I'm actually out of each month is Insurance, about $84. My biggest issue is that I need to get in the house to do the rehab, so I can do a cash-out refinance. How would you guys handle the situation?

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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
6y
People in this situation will string you along as far as they can until you finally get tough and say no more.... they are going to ride this wave until it crashes You have already given them a very sweet deal...... time to toughen up and say that free ride is over. When school gets out, there will be another excuse not to move...... start the process to evict them now.....
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  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Jenny Roman

    Yes, it would be much easier if no children were involved.

  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Kris H.

    With rent going from $400 to $900, hopefully this "tax" will be an incentive to go ahead and leave before eviction proceedings begin.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    If they are paying market value or close to it for the next 3 months and you didn't have other plans for the house; I'd let them stay til the kids are out of school provided they pay rent on time.

  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Mary Mitchell

    Thanks Mary. I may need to increase my offer to them. I offered to pay first month's rent at a new place, but not opposed to doing more.

  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Theresa Harris

    I have given them that option, but I'm extremely skeptical that they will be able to pay. And if they do, I'm sure there will be no money left to rent/move to another place.

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y
    Originally posted by @Barry Cooley:

    @Mary Mitchell

    Thanks Mary. I may need to increase my offer to them. I offered to pay first month's rent at a new place, but not opposed to doing more.

     I would give them enough to move into a new place - so whatever move in costs are plus some for moving. 

  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Mary Mitchell

    Gotcha. This might be the best solution.

  • Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    6y

    @Barry Cooley

    if they pay the market rate without updates, let them stay. if they are not paying follow the same procedures you would with any renters. give all required notices (such as 10 notice to pay) on the day they are appropriate. when the time comes for eviction, you can decide then if you want to proceed along that route, but at least you have completed all the preliminary steps.

  • Athens, AL · Member since 2017 · 62 posts · 12 votes
    6y

    @Curtis Mears

    Good idea. Thanks Curtis.

  • Member since 2019 · 1k+ posts · 1k+ votes
    6y

    @Barry Cooley

    They have not paid their tax. Thats my point (and I believe possibly yours initially as well).

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