Sending introduction letter to new tenants.

Sending introduction letter to new tenants.

Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes

I'm about 2 weeks from closing on a 3 duplex deal. The other real estate agent has been a real pain to deal with this entire process, mostly due to her extremely slow response time (to the point where I think she's sandbagging on purpose to run out the clock on some dead lines). 

We wanted to send an introduction letter to the new tenants explaining who we are and giving them a heads up management would be changing. Along with the introduction, I created a tenant information sheet that just asks for basic info (name, phone number, email). The other agent / current owner will not, or can not, provide us with anything more than the names of current tenants. The tenants are currently mailing checks to pay rent, but we want to set them all up for electronic payments and I need their email to send them an invite to TenantCloud.

We let the other agent know that we are planning on sending this letter and she said she doesn't think the current owner would appreciate that. Her phrasing makes me wonder if she even asked... So the question is, is sending an introduction letter / info sheet going to create any kind of legal issues? or is she just going to be butthurt? I only care about one of these outcomes. 

Thoughts and ideas are greatly appreciated.

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Member since 2018 · 2k+ posts · 1k+ votes
5y

@Michael H. Do you have copy of the leases? You will have to honor any agreement. Do you have an estoppel agreement signed by the tenant and verified by the landlord that everything is correct. Monthly rent, deposits, any verbal agreements, etc. 

If I owned this property I would not want you contacting my tenants. There is always a chance you won't close. When you close you can then send your letter.

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  • Member since 2018 · 2k+ posts · 1k+ votes
    5y

    @Michael H. Do you have copy of the leases? You will have to honor any agreement. Do you have an estoppel agreement signed by the tenant and verified by the landlord that everything is correct. Monthly rent, deposits, any verbal agreements, etc. 

    If I owned this property I would not want you contacting my tenants. There is always a chance you won't close. When you close you can then send your letter.

  • Real Estate Agent · Knoxville, TN · Member since 2020 · 79 posts · 29 votes
    5y

    I like the idea of sending introduction letters to the new tenant and would love to see a copy if you don't mind but I do agree with her, I wouldn't want the buyers to do that till after closing. You never know what happens and I don't want to confuse or worry my tenants. She probably didn't ask but its our job as Realtors to protect our client. If I was her, I would 100% ask him but at the same time, I would advise him on what I think is the best way to handle it. 
    Unless your closing the day the rent is due, then you should have plenty of time to speak to the tenant prior to the next due payment. 

  • Investor · Indianapolis, IN · Member since 2020 · 234 posts · 194 votes
    5y

    @Michael H.

    Hi Michael! 

    It seems like it would have been ideal to have been provided with a little bit more information on the tenants you were about to inherit, and I'm not sure how that would have worked with verification of current lease status? I'm not sure how you wouldn't know then you're not inheriting tenants at will, those behind on rent etc. if you didn't see the actual lease agreements? 

    As far as dragging out these replies go (and I'm sure the agent you're working with has already mentioned this), there are certain deadlines that have to be met for response times etc. or the deal can move forward without the seller being all too pleased. (Let's say there was no seller reply to your buyer response to inspection with the deadline met - seller is 'accepting' your response and that would then include all addendums made in response- which if you asked for a $20K roof etc. I'd be REALLY upset about as seller if my agent dropped the ball on) 

    Apart from this it seems maybe there are a couple of ways to go about the dragging response time- will depend on your agent and what they advise is best, but really unless the listing agent is the managing broker, your agent could easily get in touch with the managing broker and simply explain there are some real issues with the response time. 

    Now as far as being the current owner not being pleased with you contacting the tenants- the 'reason' for this is that some tenants can be difficult and if you back out of the deal/closing the transaction doesn't transpire, now they would have some disgruntle tenants to deal with.  

    You also indicated that you yourself would be managing, no issue there unless current owner has a PM, and they are not informing PM until closing that they are about to be out of one property to manage and again, they are worried about you backing out on this deal OR the PM kind of getting disgruntle about the other properties they manage. 

    Truly, there are times that PM's aren't aware that a property(ies) may be for sale/sold until they are out of work for this reason- (especially if "off market") current owners might not want a single day of PM tasks not accounted for (like even one time of rent not collected etc)

    Now depending which state you're in, you may be actually legally obligated to let your new tenants know of your contact information (at minimum)- So, in some State's you need to legally give 10 days notice in writing of new ownership to existing tenants, unless it's owner occupied/under 4 units. 

    I would be sure to see which laws about informing tenants of transferring ownership apply to you, based on your State because you certainly don't want to break the law here, and just start out on the right foot too (friendly first impression, etc)

    Now as far as paying by app- I get that it would be very convenient for you to do so (100% agree!) but keep in mind if these existing leases allow for cash/check payments and are valid with transfer of ownership, you would be in breech of lease agreement by not accepting cash/check payments. (May not apply to you/current leases, just something to be aware of!) 

    The other caveat to electronic payment is it truly accessible for all of your tenants? - Again NOT naysaying your desire to collect this way at all! Truly thinking that if my senior citizen mother needed to ever pay rent this way, she would have some true difficulties. Again, I'm certain you've thought of this already- that some tenants may need to still pay the 'old school/snail mail' way. 

    So to recap- you may actually be obligated to get in touch with new owners (in some States)- if not you the seller informing at least, and there are ways to go about a sluggish agent response time as well if you really need to. 

    I hope that helps some! 

  • Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes
    5y
    Originally posted by @Tim Herman:

    @Michael H. Do you have copy of the leases? You will have to honor any agreement. Do you have an estoppel agreement signed by the tenant and verified by the landlord that everything is correct. Monthly rent, deposits, any verbal agreements, etc. 

    If I owned this property I would not want you contacting my tenants. There is always a chance you won't close. When you close you can then send your letter.

    I do have a copy of the leases. 4/5 are expired. We didn't do estoppel agreements, partly because we have the leases, partly because the other agent sucks. Rent's are verified, there were no deposits, no verbal agreements.

  • Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
    5y

    @Michael H., absolutely you need to get an estoppel letter as Tim mentions above.  Otherwise, you can get into all kinds of "he said / he promised me" type situations.  At bare minimum, it should list everyone who is an authorized occupant, how much is the rent, how often is it paid, who owns the appliances, what (if any) pets are allowed, and my favorite question: "Are there any other written or verbal agreements of any kind between you and the owner/land lord?"  That's my cover-all scenarios question.  I finish with a block at the bottom that says neither the owner nor tenants will make any additional agreements between the date the estoppel letter is signed and the date we take over ownership.

    But, as you can see, to get an estoppel you almost have to contact the tenants prior to closing.  The Seller & Agent in this situation sound like they won't be any help, so it's going to be up to you.  The Seller's concern is of limited value at this point: the property is being sold.  They should be informing their tenants of this fact and helping make the transaction as  smooth as possible.  Part of the due diligence written into your contract should at least ensure that you have current copies of all rental agreements in effect.  If not, it's the wild west, and in the wild west only the bold survive.  I don't ask permission: I might consider begging forgiveness.  But ultimately, you need this information, and if they aren't providing it then it's up to you to go get it....before taking over.

    In the future, be sure to add this clause to all Offers:

    "If this offer is accepted, Seller will within 5 days of acceptance provide copies of the most recent rental agreement--either by providing a copy of a written lease or estoppel letter signed by both Seller and Tenants-- to the Buyer showing all terms and conditions that apply to exiting tenancies.  Seller agrees not to make any new agreements--verbal or written--with tenant after the current rental agreement or estoppel is provided to Buyer."

    Yadda, yadda, tweak the verbiage however you like.  But the basic idea is you get a written document that spells out all the obligations you and the tenant will have to each other before you get to the closing table.  The last thing you need is a tenant who claims the old owner agreed never to raise their rent and never terminate their tenancy.  I've had one do that to me before, which is why I now have this policy.  Fortunately, she had zero documentation to back it up, so the judge ignored her at eviction time.

  • Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes
    5y
    Originally posted by @Wala Habiby:

    I like the idea of sending introduction letters to the new tenant and would love to see a copy if you don't mind but I do agree with her, I wouldn't want the buyers to do that till after closing. You never know what happens and I don't want to confuse or worry my tenants. She probably didn't ask but its our job as Realtors to protect our client. If I was her, I would 100% ask him but at the same time, I would advise him on what I think is the best way to handle it. 
    Unless your closing the day the rent is due, then you should have plenty of time to speak to the tenant prior to the next due payment. 

    I see what you're saying, but there was other correspondence that leads me to believe the agent is the one making the decisions.

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

    @Michael H. we always wait till the deal has closed to introduce ourselves as the new owners. My concern would be determining if rents are being paid and who paid deposits etc.  I would do that via Estoppel certs signed by tenant and current LL. The Tenant Cloud thing can wait. If rents are not being paid in full I would reconsider closing on the deal. All the best!

  • Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes
    5y
    Originally posted by @Erik W.:

    @Michael H., absolutely you need to get an estoppel letter as Tim mentions above.  Otherwise, you can get into all kinds of "he said / he promised me" type situations.  At bare minimum, it should list everyone who is an authorized occupant, how much is the rent, how often is it paid, who owns the appliances, what (if any) pets are allowed, and my favorite question: "Are there any other written or verbal agreements of any kind between you and the owner/land lord?"  That's my cover-all scenarios question.  I finish with a block at the bottom that says neither the owner nor tenants will make any additional agreements between the date the estoppel letter is signed and the date we take over ownership.

    But, as you can see, to get an estoppel you almost have to contact the tenants prior to closing.  The Seller & Agent in this situation sound like they won't be any help, so it's going to be up to you.  The Seller's concern is of limited value at this point: the property is being sold.  They should be informing their tenants of this fact and helping make the transaction as  smooth as possible.  Part of the due diligence written into your contract should at least ensure that you have current copies of all rental agreements in effect.  If not, it's the wild west, and in the wild west only the bold survive.  I don't ask permission: I might consider begging forgiveness.  But ultimately, you need this information, and if they aren't providing it then it's up to you to go get it....before taking over.

    In the future, be sure to add this clause to all Offers:

    "If this offer is accepted, Seller will within 5 days of acceptance provide copies of the most recent rental agreement--either by providing a copy of a written lease or estoppel letter signed by both Seller and Tenants-- to the Buyer showing all terms and conditions that apply to exiting tenancies.  Seller agrees not to make any new agreements--verbal or written--with tenant after the current rental agreement or estoppel is provided to Buyer."

    Yadda, yadda, tweak the verbiage however you like.  But the basic idea is you get a written document that spells out all the obligations you and the tenant will have to each other before you get to the closing table.  The last thing you need is a tenant who claims the old owner agreed never to raise their rent and never terminate their tenancy.  I've had one do that to me before, which is why I now have this policy.  Fortunately, she had zero documentation to back it up, so the judge ignored her at eviction time.

    Great advice. If you by chance happen to have an estoppel letter I could use as a template, I'd greatly appreciate it. We are closing in less than 2 weeks so we've lost any leverage to get help from the current sellers. I very much doubt, even if we get the agreement signed by the tenants, the current owner will sign anything.

  • Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
    5y

    @Michael H., here you go!  Good luck.

    Estoppel Letter

    The purpose of this document is to provide Buyer of real estate an accurate and complete description of rental agreements in effect for:

    _______________ (address), Springfield, MO Unit(s) ______ (fill in)

    1) Name(s) of tenant(s)/business(es) at the premises:

    __________________________________________________________________

    2) Lease term (Circle A or B)

    A) The rental agreement is a Lease, starting ____________ and ending __________.

    B) The rental agreement is Month to Month.

    3) Rental payment of _____________ is due _____________________________.

    4) Security deposit in the amount of ____________________ is held by Land lord.

    5) Who pays utilities/trash? _______________________________________________

    ______________________________________________________________________

    6) Who owns AC & heat units: Tenant OR Landlord (Circle one). Describe units:

    ______________________________________________________________________

    7) Any repairs or upgrades promised by Landlord to Tenant? If none, write “None”.

    ____________________________________________________________________

    8) Describe any pets/animals allowed on the premises: _________________________

    9) List all appliances such as stove, refrigerator, etc. owned by tenant: ___________________________

    10) Describe any other agreements--verbal or written--Tenant has with Landlord regarding ownership or tenancy interests, either now or in the future. If none, write “None”.

    ____________________________________________________________________

    ____________________________________________________________________

    By signing this document, I certify that all of the above is true and accurate to the best of my knowledge, and no other agreements, verbal or oral, are in effect currently or will be entered into between the Date below and the date ownership transfers.

    ______________________________________ _______________

    TENANT (print and sign) Date

  • Investor · Kennesaw, GA · Member since 2018 · 98 posts · 127 votes
    5y
    Originally posted by @Anna Laud:

    @Michael H.

    Hi Michael! 

    It seems like it would have been ideal to have been provided with a little bit more information on the tenants you were about to inherit, and I'm not sure how that would have worked with verification of current lease status? I'm not sure how you wouldn't know then you're not inheriting tenants at will, those behind on rent etc. if you didn't see the actual lease agreements? 

    As far as dragging out these replies go (and I'm sure the agent you're working with has already mentioned this), there are certain deadlines that have to be met for response times etc. or the deal can move forward without the seller being all too pleased. (Let's say there was no seller reply to your buyer response to inspection with the deadline met - seller is 'accepting' your response and that would then include all addendums made in response- which if you asked for a $20K roof etc. I'd be REALLY upset about as seller if my agent dropped the ball on) 

    Apart from this it seems maybe there are a couple of ways to go about the dragging response time- will depend on your agent and what they advise is best, but really unless the listing agent is the managing broker, your agent could easily get in touch with the managing broker and simply explain there are some real issues with the response time. 

    Now as far as being the current owner not being pleased with you contacting the tenants- the 'reason' for this is that some tenants can be difficult and if you back out of the deal/closing the transaction doesn't transpire, now they would have some disgruntle tenants to deal with.  

    You also indicated that you yourself would be managing, no issue there unless current owner has a PM, and they are not informing PM until closing that they are about to be out of one property to manage and again, they are worried about you backing out on this deal OR the PM kind of getting disgruntle about the other properties they manage. 

    Truly, there are times that PM's aren't aware that a property(ies) may be for sale/sold until they are out of work for this reason- (especially if "off market") current owners might not want a single day of PM tasks not accounted for (like even one time of rent not collected etc)

    Now depending which state you're in, you may be actually legally obligated to let your new tenants know of your contact information (at minimum)- So, in some State's you need to legally give 10 days notice in writing of new ownership to existing tenants, unless it's owner occupied/under 4 units. 

    I would be sure to see which laws about informing tenants of transferring ownership apply to you, based on your State because you certainly don't want to break the law here, and just start out on the right foot too (friendly first impression, etc)

    Now as far as paying by app- I get that it would be very convenient for you to do so (100% agree!) but keep in mind if these existing leases allow for cash/check payments and are valid with transfer of ownership, you would be in breech of lease agreement by not accepting cash/check payments. (May not apply to you/current leases, just something to be aware of!) 

    The other caveat to electronic payment is it truly accessible for all of your tenants? - Again NOT naysaying your desire to collect this way at all! Truly thinking that if my senior citizen mother needed to ever pay rent this way, she would have some true difficulties. Again, I'm certain you've thought of this already- that some tenants may need to still pay the 'old school/snail mail' way. 

    So to recap- you may actually be obligated to get in touch with new owners (in some States)- if not you the seller informing at least, and there are ways to go about a sluggish agent response time as well if you really need to. 

    I hope that helps some! 

    Thanks for the insight! There is no PM, so that's not something I'm concerned about. And in our intro letter we tell them that if communication / paying through electronic means is problematic, we're more than happy to work out alternative methods. 2 of the tenants are senior's so that def crossed our minds.

    I will look into if GA has requirements about contacting tenants to let them know about management / owners changing.

  • Investor · Morrison, CO · Member since 2015 · 221 posts · 177 votes
    5y

    The introduction letter, and often times the sellers departure letter, go out to all tenants after the deal closes (on that same day).  Try and have all the contact information for each tenant before hand so that you can do that.  It's certainly a surprise to tenants to receive a letter of transfer.  A word of advice on the matter - try to close at the beginning of the month versus the end of the month.  I know you have a closing date already, but if it's towards the end of the month, sometimes payments get crossed up and sent to the wrong company.  Make sure that letter really emphasizes how to pay.  

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

     @Michael H. so far you have the sellers word on the deposits etc and expire leases,  the estoppel will put terms in writing. Send the introductory letter on closing. 

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y
    Originally posted by @Michael H.:

    I'm about 2 weeks from closing on a 3 duplex deal. The other real estate agent has been a real pain to deal with this entire process, mostly due to her extremely slow response time (to the point where I think she's sandbagging on purpose to run out the clock on some dead lines). 

    We wanted to send an introduction letter to the new tenants explaining who we are and giving them a heads up management would be changing. Along with the introduction, I created a tenant information sheet that just asks for basic info (name, phone number, email). The other agent / current owner will not, or can not, provide us with anything more than the names of current tenants. The tenants are currently mailing checks to pay rent, but we want to set them all up for electronic payments and I need their email to send them an invite to TenantCloud.

    We let the other agent know that we are planning on sending this letter and she said she doesn't think the current owner would appreciate that. Her phrasing makes me wonder if she even asked... So the question is, is sending an introduction letter / info sheet going to create any kind of legal issues? or is she just going to be butthurt? I only care about one of these outcomes. 

    Thoughts and ideas are greatly appreciated.

    It kind of sounds like this is your first deal, so instead of accusing the agent of wrong doing, look close at your own process. It is not normal for a buyer to send a welcome letter before closing. I can't imagine any owner agreeing to that and my agent wouldn't even ask me. Deals fall through and closings get delayed. Tenants can confuse "I will be the owner" with "I am the owner". No matter how clearly you write it. You should not be setting up any rent collection before you own the property. Worst case, they mail a check month one and get setup electronically month two. Odds are good their current lease allows for payment by check, so you can't force them to pay electronically until you address that anyways. Bottom line as a seller, nothing good can come from the buyer contacting tenants. Any good realtor knows this.

    I also don't understand your comment about 4 of 5 leases being expired. I am assuming you mean the lease term expired. Most leases have a term, then revert to month to month. That means the lease is valid, but there is no term. It is actually a good thing if you are buying the property with month-to-month agreements. That means you can change the lease agreement to your own. It also gives you flexibility to "not renew" less desirable tenants or push rent increases.

    Even after taking ownership, I would advise not just sending a letter, but also physically going to the property to meet them. You can hand deliver or post notice on their doors. Mail can get lost or ignored. The tenant could say, "I didn't get your letter". Meeting people gives you an opportunity to evaluate the tenant and see the condition of their unit. You can ask them questions about their job and their future plans for housing.

    I wouldn't worry too much about estoppels if you have the lease agreements. Great if you can get them, but not a deal breaker if you can't in my opinion.

  • Fort Worth, TX · Member since 2021 · 92 posts · 32 votes
    5y

    @Tim Herman I am new and I'm in the learning stage. What is the purpose of the estoppel letter? Thanks

  • Fort Worth, TX · Member since 2021 · 92 posts · 32 votes
    5y

    @Erik W. Thank you your response answered a few questions for me.

  • Fort Worth, TX · Member since 2021 · 92 posts · 32 votes
    5y

    @Justin Hoggatt Good advice so try to close which part if the month?

  • Fort Worth, TX · Member since 2021 · 92 posts · 32 votes
    5y

    @Joe Splitrock So would you get the lease agreements from the prior owner. Generally when are those expected? Thanks four your help I am still learning.

  • Member since 2018 · 2k+ posts · 1k+ votes
    5y

    @Nicki Shelton read @Erik W. estoppel example. It reinforces the lease, verifies deposit and rents, tenants currently living there and clarifies if their are any verbal agreements. Maybe the tenant gets a $50 per month credit for mowing the grass but isn't in the lease.

  • GA · Member since 2016 · 7 posts · 8 votes
    5y

    @Tim Herman

    Correct. Have the agent bring all the info you want to the closing table and don’t sign a thing until they’ve done so.

  • Investor · PA · Member since 2019 · 56 posts · 51 votes
    5y

    Just went thru this myself. A real pain in the neck. The current owners Realtor was also uncooperative. No one seemed to understand the urgency of it all as we were settling at the end of the month. The owner did provide mid month a copy of leases and names and phone numbers for each unit and pets if any.  What I did was take the intro letter with me and during walk thru I presented them to each tenant at that time.  We were settling on the same day so being a bit pushy myself handed the letters to each tenant and included a tenant update sheet and all contact information as well as a SASE to return the form to me ASAP.

    Can't say it went especially smoothly but over all went well.  

    I agree that for a variety of reasons some tenants are incapable of doing electronic payments and not just seniors.  Of course I prefer electronic payments , it's easier but about 20% of my tenants are too challenged to do so.

    This landlord game is full of twists and turns especially when you are working with others who do real estate as a hobby and not a BUSINESS. 

  • Rental Property Investor · Henrico, VA · Member since 2019 · 265 posts · 155 votes
    5y
    Originally posted by @Michael H.:
    Originally posted by @Tim Herman:

    @Michael H. Do you have copy of the leases? You will have to honor any agreement. Do you have an estoppel agreement signed by the tenant and verified by the landlord that everything is correct. Monthly rent, deposits, any verbal agreements, etc. 

    If I owned this property I would not want you contacting my tenants. There is always a chance you won't close. When you close you can then send your letter.

    I do have a copy of the leases. 4/5 are expired. We didn't do estoppel agreements, partly because we have the leases, partly because the other agent sucks. Rent's are verified, there were no deposits, no verbal agreements.

    Michael, 
    I generally agree with Joe S. comments.  You have a copy of the Leases, several of the units you mentioned the term expired.  Do they convert to month to month?  That is a big question, if not, there is no written agreement and you have very limited arrangements..cause to bail before closing.

    I agree with comments that sending welcome letters before closing is premature. Perhaps contrary to this though, you can include a condition in the offer contract that requires an existing lease is accepted by the buyer (provided by a certain time ), or to schedule a meeting with existing tenants, facilated by realtors, to establish a new Lease acceptable by buyer.  And if the latter, it can be clear to everyone involved that it is contingent on sale being closed (with contingency attached).  Usually the seller is there too. My experience so far is this has actually worked out quite fine with everyone on board. 

    I understand this is probably contrary to what several folks may suggest here, but I like to meet the tenants in person and go through this process before closing.  If something really doesnt feel right, its before closing. Especially in these times with the moratoriums.  I wouldnt worry so much about logistics (use of Tenant Cloud), I'm just wondering if what you described, there is something hidden.

  • Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    5y

    I don't know if it creates a legal issue or not, but sending an intro letter to the tenants before you own the property is certainly bad form. A lot of deals fall apart at the 11th hour, so please wait until you own the property to send the letter (I recommend hand delivering it and introducing yourself to the tenants immediately after closing if possible, or posting it to their door and photographing it posted there, and then sending as certified mail as well if they're not home). You should have required estoppels during your due diligence contingency period. Probably too late for that now if you didn't specify that in the contract, but you can always ask. You should always require estoppels because that's the only way to ensure the tenants don't have some handshake side agreement with the current owner ("I get $50 off rent for mowing, shoveling, taking out the trash, backrubs, etc." or "The previous landlord lets my girlfriend live with me"/ "allows a pet that's not on the lease"/ "is cool with me working on motorcycles in the living room", etc.). An estoppel also verifies whether or not they own any appliances, are current on rent, their deposit amount, etc. and both the tenant and the current owner sign off on it to eliminate any misunderstanding. Also sometimes the tenant's contact info isn't in the lease so an estoppel is the best way to ensure that you have it. 

    I disagree that the listing agent "sucks" in this situation. It seems like you expect her to work for you, but you're the buyer and she represents the seller. She has a fiduciary duty to the seller so I wouldn't expect her to be helpful to you as the buyer. You have to require anything you need in the contract, and stay on top of deadlines, do your own due diligence etc. on your own behalf without depending on the listing agent to help in any way other than doing what is required of them per the contract. Not giving the buyer any more info than the contract requires, waiting up until the end on deadlines, limited communication, etc, are strategies listing agents use to benefit the seller, and this is part of their job. Helping you is the your agent's job, helping the seller is the listing agent's job. That's why it's recommended to have buyer's representation. 

    Next time, put something like this in your contract in the due diligence section, and include the estoppel certs as additional documents to the contract i.e. "The following documents are a part of this contract: Estoppel Certifications", so that the seller has to provide them. 

    DUE DILIGENCE DOCS:

    1. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing.

    2. A rent roll accurate and correct to the date of this Contract

    3. Estoppel Statements from the tenants verifying their contact information including legal name, phone number and email, rent amount, terms of the lease, and describing any verbal or side agreements they may have with the current owner.

    4. Regardless of whether any box is checked in § 10.6.1, the Due Diligence Documents to be delivered by Seller to Buyer on or before the Due Diligence Documents Delivery Deadline pursuant to § 10.6.1 include copies of any of the following, to the extent they exist and are in Seller's possession: utility bills and property tax statements relating to the Property for the last 12 months; architectural drawings, blueprints, as-built construction plans and any other plans or specifications regarding any improvements on or to the Property; certificate(s) of occupancy or other governmental approval(s) regarding any improvements on or to the Property; warranties, manuals, instructional brochures or similar materials relating to the Property or Inclusions, or their use, operation or maintenance; inspection, soil, drainage, percolation and similar reports relating to the Property; and if a well exists on the Property, a CREC-approved Listing Firm's Well Checklist completed by Seller, current as of the date of the Contract. The bill of sale will be deemed to assign to Buyer all assignable warranties regarding the Property or Inclusions.

    Here's my welcome letter and Estoppel: 

    Dear (insert names of residents),

    Greetings. Thank you for being a tenant at (insert address). We here at (your company name) want to take this opportunity to introduce ourselves. As you may know, (insert building address) was recently purchased by (your company name) on (insert date of closing). We sincerely appreciate your assistance and patience during the sale of the property.

    Rest assured, your security deposit of (enter exact $ amount) was transferred to (your company name) at closing. Your current lease agreement with a scheduled termination date of (enter date from the lease) also transfers to (your company name). All the terms of the lease remain in effect, and none of the terms in the lease change. The previous owner of the building and/or their management company has ceased accepting your payments. Please send your next rent payment to (address, or info on electronic payments) by the due date on your lease effective on the first of next month. If you would like to pay using (electronic payment method), please email (insert company email) to set up paperless payments.

    Please don’t hesitate to contact me (your name or name of property manager) with any questions or concerns. I (or name of property manager) will also serve as your new contact for any maintenance requests. We are hopeful we can get off on a good start and look forward to meeting your housing needs!

    Sincerely, Your name and title

    Estoppel:

    This ESTOPPEL CERTIFICATION is a legal document used to protect both tenant’s and property owner’s interests when a rental building is sold. This agreement allows the tenants to tell the new owner what their written and verbal rental agreements are with their current landlord. This will prevent any misunderstanding about rent payments, security deposits, and lease terms. After the sale, the new owner or their property manager will contact you to schedule a brief meeting during which new rent payment instructions will be given. All existing leases are held with the property and carry over to the new owner. Your next rent payment and all remaining rent payments according to your current lease agreement will be due to the new owner after the sale of the property.

    1. The Legal Name(s) of all people living in this rental unit are: _____________________________________________________________________­­­­­­­­­­­­

    Address and apartment number: ___________________________________________________________

    Telephone number(s):____________________________________________________________________

    Email Address(es):______________________________________________________________________

    2. I signed a written lease for this apartment. YES or NO (circle one), OR

    I only have a verbal lease for this apartment.. YES or NO (circle one)

    3. I understand that after the sale of the property, all of the terms outlined in my current lease carry over to the new owner in its entirety and remains a binding legal agreement until it expires YES or NO (circle one)

    4. I agree to make the next rent payment and all remaining rent payments when they are due according to my current lease agreement, and that all late fees and penalties as outlined in my current lease will apply YES or NO (circle one)

    5. My lease began on _____/______/_______(date). My current lease ends on _____/_____/____(date).

    Currently my lease is month-to-month YES or NO (circle one)

    6. My rent is $______________per month or week (circle one) and is due on ____________________.

    7. I have paid a security deposit. YES or NO (circle one) The deposit amount is $ ______________.

    8. My most recent rent payment was made on ____________, 20_____ for the amount of $_______________

    9. I am responsible for paying these utilities :__________________________________________(Write “none” if applicable)

    10. Any other deposits or pre-payments are as follows____________________________________________ (Write “none” if applicable)

    11. The appliances I own are:_________________________________________. (Write “none” if applicable)


    12. I have a pet. Yes or No (circle one) How many? _______ What breeds? ___________________________

    13. Other written or verbal agreements I have with the landlord are: (Write “none” if applicable.)_____________

    _________________________________________________________________________________________

    14. Any problems related to my tenancy or any repairs that are needed are: (Write “none” if applicable.)

    ________________________________________________________________________________________

    Signed by tenant ____________________________________________ Date: ____________

    Signed by tenant _____________________________________________ Date: ____________

    I have reviewed the answers given above and agree with the tenant’s statements regarding their info, payments, agreements and deposits.

    Owner: _____________________________________________ Date: ___________

    Manager:____________________________________________Date:____________

  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    5y

    @Michael H.

    A letter outlining your plans is a good idea.

    Can't give a care if it upsets a seller or a realtor.

    I would perhaps keep it clear that you are in the process of the purchase, and let tenants know that after closing, more communication will follow.

    Anything you send, will be viewed by the seller, so until closing, I would try not to write something that could insult the seller.

    When I walk properties, and I usually walk them often before I even make first contact with the owner, I love to do so when tenants and neighbors are home. I make sure neighbors and tenants know I am not a stalker or looking to for trouble, and they get to see that I am a real person looking to buy the property.

    Yes, an introduction letter is good. Because I usually toss such mail in the trash, or leave it to be read later, the in-person touch works for me.

  • Fort Worth, TX · Member since 2021 · 92 posts · 32 votes
    5y

    @Tim Herman Thank you for answering. I actully read that post after I posted my question. I have not figured out to delete yet.

  • Member since 2020 · 57 posts · 24 votes
    5y

    Make sure to have all tenants fill out an estoppel (templates can be found in the forms library). This ensures that they are on the same page with info provided by past management. Rent, security deposit, owned appliances, repairs needed/requested, etc.

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