Sweetheart leases made days before auction

Sweetheart leases made days before auction

Passaic, NJ · Member since 2015 · 36 posts · 5 votes

We have been flipping houses mainly and started 1 1/2 years ago.

We are up to house #15

I recently bought our first multifamily -  3 family in West New York, NJ at a Sheriff forclosure auction.  It seems that the tenants produced what we consider "sweatheart" leases signed days before the auction at below market rates.  We have not been successful reaching the previous owner, and even if we did - we don't believe he would be honest with us.  2 of the 3 units are occupied by a brother and sister.

Ideally we would like to get them out.  We believe (based on info from other tenants) that sis has been acting as or on behalf of the landlord for years.  

Additional problem - they have been renting the bedrooms out to dormers.  (we met some of those room-mates and they gave us the scoop as to what was going on).

The building is great - brick, newly built, good condition - and based on our comps - each of the 3 bedroom 2 bath units should be renting at around $1800-$2200/month (current condition vs fixed up)

The leases were were given (signed March 1 and we bought building on March 3) are $1000, $1100 for the 3 bedroom units of sis and bro and $1300 of the tiny basement unit rented by non family members.  That is the only unit that is probably true market value.

We considered flipping the building and have some offers - but they want at least one unit empty.

In reality - we would like to keep the building as it has great rent roll potential- but we need to contest these leases.

Any advice?

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
10y

@Naomi Spira @Thomas S.  new federal law covers this.   talk with a good eviction service or attorney.

not the first yahoo's who have tried this play.

See this reply in the discussion

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  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Study the state landlord tenant regulations and see what options you have. Usually there is a option to evict for the purpose of renovating.  You need to follow up on the seller. You may find he never signed the leases and they are not legally binding.

    Other that that if you can not evict your only other option is to make their lives miserable till they decide to leave on their own. In light of the fact that the leases are a scam I would not feel guilty but would still try to prove the leases are not valid first. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Naomi Spira @Thomas S.  new federal law covers this.   talk with a good eviction service or attorney.

    not the first yahoo's who have tried this play.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Naomi Spira @Thomas S.  and if your moving in you do not have to honor the lease at least on one unit

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    If I can't find previous owner (building was forclosed - so seller was the bank), and all my efforts to find and talk with him have failed - why would the judge believe me over tenant?  I am concerned with rent control as well....

    The lease is for one year

    I know from basement tenant that they signed lease with the sister (but the lease has previous owner's name)

    if it is fraud - it will be her word against mine

    basement tenant are probably here illegally and I doubt they would testify

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    @Jay Hinrichs @gary s.

    I don't plan on moving in

    I plan on keeping as an investment

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    Lastly - sis is trying to buy the building from us

    originaly (day one after auction) we thought it would be a good idea)

    now after we have seen the property and know what a good deal it is - we prefer to keep it instead of the quick flip

    It is hard to get our hands on a well priced multifamily and we thought this would be a good intro for us into the buy and hold.

    We could sell to her for a quick few bucks - but I want to learn the process. 

    However I am concerned about getting too burned...

    I have now had numerous dealing with the sis and I realize she is consumate liar and can't be trusted.

    thanks all for your quick feedback.

    would you sell to her and be rid of it - or try to fight those leases and win a sweet 3 family?

  • Developer · Philadelphia, PA · Member since 2015 · 2k+ posts · 904 votes
    10y
    Naomi Spira I would suggest a free consultation with a RE lawyer to see what the eviction process would look like in NJ. In PA I would have started evictions, just based on the shenanigans.
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Naomi Spira  not real tough to prove these are not valid arms length leases.

    market price is double leases done 3 days before foreclosure sale slam dunk

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    Eviction based on what terms

    Additionally - major question: if my intention is to contest the leases - should I be cashing the rent checks or does that work as evidence against my claim that the leases are invalid?

    I currently have 2 months of checks from the tenants - but I have not cashed them....

    thanks again all for your input

    I did talk with a lawyer - but I figured I would weigh in with the bigger pocket community of peers to hear your input

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    There s no longer any Federal protection for "tenants in foreclosure", it expired......state regs rule.

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    @Wayne Brooks

    Sorry for my inexperience - but can you explain to me what that means?

    by the way this property is in New Jersey

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    @Naomi Spira, I'm not sure that a lease signed with the sister is valid. She doesn't own the property, under what authority does she have to issue leases?

    What @Jay Hinrichs is saying is that if you go before a judge, and you show that these leases were signed for significantly under market value and signed just a few days before closing, there is a good chance the judge will side with you because it is an obvious attempt to pay less rent and take advantage of the new owner.

    I think your next move should be to contact an attorney in your area who specializes in landlord tenant laws in NJ, and see what they recommend. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Wayne Brooks  good to know...

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    @wayne brooks

    there is 3 states - New Jersey being one of them - that you need to show "just cause" for evicting

    UPDATE: spoke with lawyer - he is on it

    I will try to update you with progress

  • Wholesaler · West Deptford, NJ · Member since 2016 · 54 posts · 18 votes
    10y

    @Naomi Spira Please keep us updated on the process & the steps that you are taking ( or are allowed to take). Being an investor in NJ, I would love to know this information. Most of our real estate dealing have been in the Philadelphia area, but we have recently started to Invest in NJ also, so any info on this would be a great education for all of us. 

    Best of Luck to you, sounds like this could be a great place once you get through the current tenants. 

  • Passaic, NJ · Member since 2015 · 36 posts · 5 votes
    10y

    @bob 

    @Bob Mastroianni  Will do

    I am waiting to hear back from lawyer how they plan on proceeding.

  • Member since 2024 · 3 posts · 0 votes
    2y

    Hi Naomi,

    How did the situation here turn out? We are dealing with a similar scenario here in Houston. 

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