Slidell, LA · Member since 2013 · 3 posts · 0 votes
I have a unique situation. I closed on an occupied rental property on 30 August 2013. Rent is due on the 1st and is $600. The tenant on the lease has become ill and is currently hospitalized. As a result the tenant's son, the son's girlfriend and tenant's daughter have moved in. The tenants lease expires 23 September 2013. The previous property manager did not ask the tenant 30 days in advance if they'd like to renew the lease.
My questions/comments are as follows:
1) How can I be sure to recoupe rent for September 2013? Today I introduced myself in person to the son as the new owner. I got his name and cell number.
2) Should I take new applications and/or create a new lease with those occupying the property as tenants? Meanwhile I'll accept a partial rent payment for September 2013 since the lease ends on 23 September, $460. When the new lease is signed I'll require the remaining portion, $140. No deposit should be accepted, only if the original tenant is not on the new lease.
@Christopher Talbert, I would handle this in two separate situations:
- First deal with your existing tenant (the parent, I assume it's the mother since you did not say). Since she is hospitalized and can not pay rent, terminate her lease by sending out 30 notice (or whatever local law) immediately. Or you can first get approval from her (if she still can talk) and do a "mutual termination" (both you and her agree to terminate the lease). I believe there is no minimum days required for the latter. Again check your local law.
- Then deal with the children. If you think they are decent peep, you can get application from them and write a new lease the way you like with them if they qualify. If they do not qualify, kick them out immediately. But, this is what my guts sense. If you sign the lease with the children, after the mother gets well and released from the hospital, then you will see mother and children all happily live in your place together. So, make sure you emphasize with the children so they understand that can not happen. Or as others said, just kick them all out and look for new tenants.
I agree with those who indicate that you want nothing to do with these people in the long run. My guess is that these other occupants might have been living there all along, and did not just move in because somebody went into the hospital.
But I would first try to find out how long the hospital stay might be. Because if you try to evict, a sympathetic judge might just allow that tenant to continue staying there. In the end, you just might have to evict somebody here.
Now, if the tenant collects some disability payments and keeps the rent current, you might end up getting paid; notice there are a few ifs involved ...