New Purchase with existing tenant problems!

New Purchase with existing tenant problems!

Long Beach, CA · Member since 2016 · 24 posts · 9 votes

Hello All,

I would love to gather some ideas and recommendations from any landlords who have had a problem like the one below...

I just closed on a duplex on 04/23 and it came with existing tenants. The property was being managed by a PM who provided me with the tenant's contact information. I reached out to introduce myself so I would be able to have the tenants set up their tenant profile accounts on the management system I use.

The tenants I'm seeking advice for just signed a new year lease with the PM 03/01/2021 and it ends 02/28/22. There are two people on this lease. Once I introduced myself as the new property manager I was immediately informed by one of the tenants on the lease that it is not working out. 

I couldn't make this up.......... The tenants are both in a polyamorous relationship with one of the tenant's baby's father. From what I can tell, this boyfriend to both tenants is also living there (He isn't on the lease, but that's another problem for another day). The tenant that wants to move out told me she doesn't stay at the property on weekends because that is the agreed private time between the boyfriend and the other tenant. 

The tenant that wants to move now is claiming she wants to move because even after giving them private weekends the other tenant is asking she doesn't come home and gives them more private time.....? (I'm at a loss for words).

The tenant who wants to stay is saying she doesn't have a problem paying everything by herself and having the other leave. 

Because I purchased this property with these existing tenants and existing leases what am I allowed to do? Or anyone who has had this problem, what do you recommend? 

Thank you in advance for any answers!!!! 


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Rental Property Investor · Akron, OH · Member since 2021 · 31 posts · 19 votes
5y

Hi Justin,

My best advice would be to contact an attorney who could provide guidance on the situation and advice on multiple routes you could take here. Would definitely be worth the money! Good luck! 

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  • Real Estate Syndicator · Phoenix, AZ · Member since 2018 · 903 posts · 1k+ votes
    5y

    Jerry Jerry Jerry....Ok, but really. If one tenant wants to leave and terminate the lease, then I recommend recreating a new lease and signing with one tenant. Ensure credit works with the one tenant on the one lease. But technically, the other tenant, not wanting to leave, doesn't have to sign a new lease unless the old lease ends. You just can't evict someone or end a lease unless the lease terms were broken. STill, That would be recommendation though, unmuddy the waters by removing one tenant. 

  • Long Beach, CA · Member since 2016 · 24 posts · 9 votes
    5y

    @Chris Levarek Thank you! I am thinking I will let the one tenant on the lease in order to make it easy. 

  • Rental Property Investor · Akron, OH · Member since 2021 · 31 posts · 19 votes
    5y

    Hi Justin,

    My best advice would be to contact an attorney who could provide guidance on the situation and advice on multiple routes you could take here. Would definitely be worth the money! Good luck! 

  • Jeff G.Pro Member
    Investor · Wethersfield, CT · Member since 2013 · 371 posts · 191 votes
    5y

    This is more for heading future problems off at the pass than an exact match to your current situation...

    I'm not a lawyer. When you reach out to appropriate legal counsel, ask about adding a "joint and several liability clause" to your lease contract. In a nutshell my laymen's understanding is: you the landlord can pursue payment for missing rent and/or other money damages against all NAMED co-tenants without regard for proportionality if someone stops paying. 

    This can prove very helpful in a multiple tenancy situation, if the individual who bears the brunt of the expenses in a room-mate situation suddenly leaves. You'd be surprised how many people want to renegotiate rent downward or deflect liability when a multi-tenancy situation goes bad.

  • Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
    5y

    Follow your local laws/leases but my 2 cents is: stay out of the personal lives of tenants - this is a business. Have the one who wants to leave sign a roommate release form, releasing them of responsibility of the unit. Make the the remaining person meets your rental criteria and keep collecting rent.

  • Long Beach, CA · Member since 2016 · 24 posts · 9 votes
    5y

    @Christen G. Thank you! I ended up doing just that. I explained politely I am not a therapist or here to help figure out the existing personal problems. I had the tenant staying prove financial capability to ensure she could afford the unit individually. I had both sign a change in terms of the lease addendum. 

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