Rental Property Investor · Member since 2019 · 67 posts · 29 votes
Just purchased a multi-unit. The tenants are on month-to-month with well expired rental agreements. I have new agreements that they don't want to sign. One tenant, whose rent stayed the same $650 for a 1 bedroom, doesn't want to pay water. The other tenant who was paying $675 for a 3+1 doesn't want to pay new amount of $800. I ran the comps, went on Craigslist, Zillow, etc... My rent requests are more than fair.
Given that they don't have leases and don't want to sign new ones...can I serve them with a Notice to Vacate?
Real Estate Broker · Tulsa- OKC Oklahoma · Member since 2017 · 868 posts · 801 votes
5y
Follow the local laws. Typically if on MTM you just have to give 30 days notice. They don't have to sign it...but it helps if they do. Notice to vacate is for sure an option.
@Lauren Ruppert you have to follow the landlord tenant laws of PA. Give them whatever time( 30 day notice of nonrenenwal). If they overstay you will then have to evict. Don't know if PA is allowing evictions for nonrenewal.
Real Estate Broker · Tulsa- OKC Oklahoma · Member since 2017 · 868 posts · 801 votes
5y
Follow the local laws. Typically if on MTM you just have to give 30 days notice. They don't have to sign it...but it helps if they do. Notice to vacate is for sure an option.
Get some recommendations on good eviction lawyers in your town. Talk to them. Your first consultation should be for free or very reduced price. Ask for a flat fee eviction.
Find out if your state or town has any eviction moratorium. I believe your state only has the CDC Covid Moratorium which requires them to sign a declaration but but but it only prohibits evictions for "non-payment of rent."
I've had one eviction go forward and am planning another. In the second case my tenant has served me with the declaration but their lease has long been expired so I am terminating their tenancy and asking them to leave. My eviction attorney has said that I can still enforce the lease which includes terminations after the lease has expired. She has gotten evictions despite the COVID declaration.
My lease also has a "holdover" clause which doubles the rent if they are holdovers. I've invoked that as well but am planning on filing the eviction after the 30 days required by the notice.
My advice: find an eviction attorney ASAP and do the notices that this attorney provides you. Don't waste any time negotiating or doing anything else.
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
5y
If you have never done this, hire an attorney or property manager. First noice must be give. If they refuse to comply file for possession and evict them. This is a non financial violation that is not protected by the eviction moratorium and you SHOULD be able to evict if they don’t comply. There are details you must get right in order fir a judge to approve it though. Hire a expert then attend the hearing as a learning experience.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
Wow...they're delusional tenants as well! They don't get to make the business decisions for the property. Give them 30-days notice that you will not be renewing under the current lease and that they should contact you to schedule their exit walk-through of the property. Should they wish to continue as a tenant, you welcome them to contact you to review and sign the new lease.
You're running a business. Your ball, your court...water not included.
Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
5y
Tenants don't get to determine the lease terms, the owner does. Tenants can accept or not live there. If they don't want to sign, you are so much better of serving them notice in accordance with state law- probably 30 days, get rid of them and screen (thoroughly) your own, new tenants and have them sign your lease with the terms you choose.
Real Estate Agent · San DIego · Member since 2019 · 177 posts · 185 votes
5y
I agree with all the comments above, but, for myself, I'd be wary of setting up a situation where an angry tenant can stop paying, claim "covid distress," and then fall under the eviction moratorium. With that in mind, I'd contact a few eviction services and pick their brains about how things are currently playing out in your area before taking a stance. In my area, you can get an eviction for just cause but you really can't get a timely court date.
For future purchases, it's good to get the tenant data from the old seller via an escrow request/demand. You can even get new rental agreements and "estoppel" data as part of the escrow. When the old owner makes the request, it may be a bit easier, or at least you'll know who's moving out as a result of the increases.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
They don't want to sign leases? They should have bought the property. Definitely send them notices advising that the month-to-month tenancy is being terminated and provide the legal notice requirement. Also, let them know that they will need to schedule their final walk of the units with you prior to their departure to address any security deposit issues. Then follow-up with them in about 10 days to make sure they're packing and to schedule the walk-through. Giving Notice isn't enough - they might just ignore it which starts the eviction process so give notice, follow-up, and do a final inspection. Rock on!
Rental Property Investor · Centreville, VA · Member since 2019 · 1k+ posts · 799 votes
5y
If there is no lease in place, I would just call the cops saying they are trespassing. If that doesn't work, then I would go the official notice route and ask them to vacate.
Property Manager · Cleveland, OH · Member since 2020 · 2 posts · 0 votes
5y
@Lauren Ruppert
Yes, you absolutely can! Especially if they don’t have a lease in place. That is most likely the reason why the prior owned did not have them on a longer term lease, so he or she may request them to move at any time.