Pittsburgh, PA · Member since 2008 · 68 posts · 3 votes
I just bought a house in Pennsylvania that I planned to use for mixed owner occupant and rental purposes. Due to a fairly insane set of circumstances that existed during closing I ended up taking ownership of the house with a tenant in the house. This was not originally supposed to be the case and I received cash compensation for this change in plans in an amount that I believe to be fair.
The current tenant is a very elderly lady probably 90+. She is supposed to be moving to a nursing home at the end of September. I will be a hand delivering a 30 day notice to vacate before the end of this month.
I have already spoken with a lawyer but I want to see if any of you experienced folks have any input for me. I know this could potentially be a very ugly situation. What pitfalls can people for see in this situation? What should I be doing to protect myself. Also does anyone have a notice to vacate template I could view? I have one I found online but I would like to see some more.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
13y
@Andrew M. Each state has its own unique laws for eviction so the advice the attorney gave you is the best information for your legal rights. As to the bad side looking at strictly the moral issue, again you have to decide based upon your morals or the extreme needs of your business. All of that aside it would take a pretty compelling reason for me to evict a 90 year old woman out of a house that I bought, especially if it had been her home for a long time. You might just ask her or her family about their plans and work out a deal. I would imagine moving right to an eviction notice might place you in the bottom 2% of reputation in the local slumlord standings. The decision is entirely yours.
Pittsburgh, PA · Member since 2008 · 68 posts · 3 votes
13y
I should have mentioned that there is no existing lease.
To Jerry: I agree with you, this is certainly a moral dilemma although she and her family have stated that she will be moving out to a Nursing Home selected by her family by the end of September (it was originally supposed to be August before close) . While I would certainly not force a lady that old onto the street, especially given that she's done nothing wrong, she does have a place to go and I expect her to keep her commitment.
In the short to medium term I can keep this afloat without the income, in the long term, I will end up defaulting if I can't get renters in there so I do have to take this seriously.
The idea is to put pressure on the family to get them to stick to their commitment while having a minimal impact on the elderly lady.
I guess what I'm looking for is to hear how other people would handle this complicated situation.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
13y
@Andrew M. any chance of a win/win here? Can you begin doing a good potion of what you need to do with her still in there? You can do a written agreement for her to not use the basement or 2nd floor or whatever and you can move in and start rehabbing. You have to do what you have to do, but to the extent you get moving on your project without evicting her maybe there can be some compromise.
Pittsburgh, PA · Member since 2008 · 68 posts · 3 votes
13y
No she is not paying rent.
This is a single family house which I will be living in and renting out 2 of the rooms. I didn't want to bring that up because I don't want this to side track into a discussion about why that might be a bad idea. (I acknowledge those downsides, just not something that's relevant to my specific question in this thread)
I need her to move out so I can start renovations and then move into my house.
If I were to collect rent from here it could imply a lease between me and here which is the last thing I'd want in this situation.
Rental Property Investor · Holley, NY · Member since 2011 · 507 posts · 347 votes
13y
That helps. I am not an attorney, nor am I familiar with PA law, but I would think that her possession (occupancy) of the property implies some sort of leasehold rights. To end such an arrangement would require her to voluntarily leave or face eviction. From what I gather, you know about at least part of that. You mention that she is supposed to be moving to a nursing home soon anyway. Is there a way that she, or the family, can pay SOMETHING until that happens? Are you able to work around her until then? I understand and sympathize with your dilemma, it is a really tough call. Maybe do the notice but explain exactly why when you deliver it? You may also want to consult your attorney regarding service of notice to a family member as well if she is not at full mental capabilty due to her age. I would say the best advice I can offer with what you have described is a very frank and honest discussioon with her/family supported by proper notice in case it goes the wrong way.
Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
13y
@Andrew M. Although I am not sure as to why her family is supposed to move her into a nursing home outside of her age, she may have some kind of physical or mental disability and they are a protected class under the Fair Housing Act of 1968, so I would proceed with caution regarding the eviction and even consult with an Attorney