Tenant Occupied Deal - Names on Leases don't appear to be Tenants

Tenant Occupied Deal - Names on Leases don't appear to be Tenants

Rental Property Investor · Memphis, TN · Member since 2019 · 36 posts · 55 votes

I've purchased, renovated, and leased 5 previously owner occupied single family homes over the past few years.  As a local, I've been ahead of the out of state money in terms of neighborhoods I've invested in, but the out-of-towners have finally found my spots.  So I'm trying another area that's sketch, but has money flowing in to the East and West of the neighborhood.  I have contract on a leased up duplex that is billed as having long term tenants from 2009 and 2011.  I have copies of the original leases with the names of the tenants.  They rolled MTM at the end of the one year leases and are MTM now.  Some online detective work indicates that the folks on the leases (both units) live somewhere else and different people live in the units now.  So it appears that I'm buying a duplex with effectively squatters that pay rent?  My other properties are a higher class, so this is not something I've encountered before.  To give you an idea of the area, it's a mid $30's purchase price and combined rents are $552.

My plan was to leave well enough alone and just collect rents for a year or so.  As others start to renovate around me, I'd move one side out at a time to follow suit, pushing combined rents up to the $800 to $1000 range.  I guess if these folks aren't even on a lease, they don't have much of a position to defend when the time comes to turn the unit.  Anyone have any experience with inheriting tenants that aren't technically tenants?

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CA & NV · Member since 2019 · 216 posts · 378 votes
5y

Well, yes, they are technically tenants. You are taking money (rent) from them for occupancy. Even if they are not on the formal agreement, you have created an agreement by your actions and performance. Since they are MTM, they have the same rights and any MTM tenant as to notice, etc. The best thing you can do is approach them with a MTM agreement and have them sign it. If they refuse, then you can take appropriate action.

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  • CA & NV · Member since 2019 · 216 posts · 378 votes
    5y

    Well, yes, they are technically tenants. You are taking money (rent) from them for occupancy. Even if they are not on the formal agreement, you have created an agreement by your actions and performance. Since they are MTM, they have the same rights and any MTM tenant as to notice, etc. The best thing you can do is approach them with a MTM agreement and have them sign it. If they refuse, then you can take appropriate action.

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Chris Lynn Congrats on your success! There is a 'lease' with these tenants even if it is unwritten. Good job on the sleuthing. These folks may be harder to deal with than a tenant with a written lease. Should they get a free tenant activist lawyer who knows where it goes. I understand it is a rough area but you need to know who they are and get them on a MTM lease with you. There could even be liability issues for you as a LL if you don't know who they are and what they might be up to. Those are good numbers you might as well preserve them. All the best!

  • Rental Property Investor · Memphis, TN · Member since 2019 · 36 posts · 55 votes
    5y

    Thanks for the feedback.  I was going to have the tenants sign my lease anyway, so I guess I'll just follow my typical process and collect copies of ID's and such.  I don't know about a criminal background check since they're already there.  

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    You need to get their names. It may be that the occupants have criminal records or other negative factors that make them undesirable as tenants. They are tenant now based on occupancy and rent payment but you really need to know who they are. I am not sure why anyone would let a lease continue in their name if they weren't living there. An estopelle agreement with the actual occupant listed and terms, deposits on file would be a good idea.  

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