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Updated over 4 years ago on . Most recent reply

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Patrice Bennett
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Bought a duplex on FHA, now what?

Patrice Bennett
Posted

Hey BP! 

Any feedback is appreciated

I just bought a duplex on FHA in Florida a couple weeks ago. Both sides are occupied but due to loan requirements, I have to occupy one side for one year. Tenant-B that has to move out, their lease ends on Nov 30. I gave them 60 days to vacate through a non-renewal letter, so they have time to find another place(wrote letter Oct 19 to vacate Dec 18). They signed a CDC Covid Declaration on Sept 5 saying landlords aren't allowed to evict or take possessory action until Dec 31(at least that's my understanding). Now Tenant-B is saying that they can't afford to pay rent for November or December due to work being slow, are asking to live there rent free until Dec 18 or to pay what they can afford and stay until Dec 31.

What best course of action should I take without getting into any legal trouble?

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Dominic M.
  • Property Manager
  • Northern Virginia & DC
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157
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Dominic M.
  • Property Manager
  • Northern Virginia & DC
Replied
Originally posted by @Account Closed:

Why would you pay somebody to leave a house they have absolutely no legal right to be in? Evict them as usual. Nothing will stop you. They can scream CDC all they want, it won't change anything.

"Cash for keys" is the trashiest way to do business, you're only making things worse for the next landlord by teaching these idiots it's OK to behave like that. It's not OK to just **** on all the other landlords when we come here and try to help you.

How about you think about it a different way and consider this.. what is the cost of going through the eviction process knowing you will be in a long line of others to get the courts with the number of filings related to COVID. Now you're already past your 60 days to occupy the property and have potentially (I am not a lawyer) violated the terms of your loan. Weigh up the cost of going through the courts, the time the property is tied up, lawyer fees, violations with your lender versus you pay them two months rent to leave and they accept..?

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