How do I evict my mother?!?

21 Replies

Ok BP family so this is a real trick or treat situation just time for Halloween I guess! Long story short I was adopted and only recently was told who my brith mother is. She always knew who I was but never wanted to be apart of my life (honestly was fine with me I love my adopted parents!). My birth mother current rents a SFH 3/2 where she paying $700 a month. The lady who owns the home called me and really wants to sell me the home. I would love to big it but the tricky thing is my birth mother is a terrible tenant never! Never pays rent on time, never take care of the property, just already bad. The current owner doesn't even have her signed to a lease she doing it month to month. My question to you BP is how do I go about evicting my mother?!?!

P.S. Happy Halloween!

You don't . The present owner simply terminates her M2M with what ever notice the state requires. You then close the deal and take ownership of a vacant property.

@Justin Dixon Very carefully. I am looking at it as a bad tenant and not the relationship (or lack there of) part of it. Since its a bad tenant, who knows what her reaction would be to being evicted. Maybe she packs and leaves peacefully or maybe she destroys the house. I don't condone lies but you might have to in this situation. You could say that the loan you are getting on the house requires no tenant while the repairs are in place so she has to leave because someone else is making her leave. It might also be in your interest to help her move out by paying for a moving company to her new place. This is a tricky situation and I can't think of anyone else going through something similar. Good Luck!!!!

Greg S. She not on a M2M lease the lady who own it at the time just really needed someone to rent to and so she didn't do a background check or have her sign a lease she basically living there for free and paying rent when she wants too.

@Jeremy Pakalka that was some really good advice! I would feel very uncomfortable about lying but I was thinking of giving the sell a little extra money if she dealt with the tenant herself. This seller is very motivated she may do it.

If she has no signed lease she is legally on a M2M verbal lease. It"s the same as a written lease in the eyes of the law. She just needs to study the state laws and give notice per the codes.

Greg S. Thanks for that insight I will definitely look into that!

Id just stay clear of this property and situation. There are plenty of properties out there without this kind of head ache. There is a 99.99% chance you are going to regret getting yourself involved in this situation.

@Russell Brazil yeah I'm definitely considering that it's just such a good deal she practically giving me the house for free.

Don't do it. The fact that you're asking shows you have some concern for her well-being. There will be other deals and you don't want this on your conscience. 

Does the seller know your mother is the tenant? If so, I definitely wouldn't do it. 

This answer is VERY simple.  DO NOT BUY THAT HOUSE.  I have a rule that I will never rent to family or friends.  You're lucky in that you don't own the house.  When I saw the title of the post I thought my advice was going to be "You don't. Suck it up.  You should have never rented to her in the first place.

But you're lucky.  You're asking if you should buy a house she rents. NO!  Even if she was a perfect tenant, don't buy this house.  This would be one of the worst mistakes you can make.

With that being said, people buy houses for their parents all the time.  If you want to buy the house for her and never expect a dime, that's a different situtation.  The mistake would be expecting (or worse yet needing) money in return.

@Justin B. Thanks for the advice yeah I'm thinking of not buying it at all but I also was thinking maybe I could move her to another home that she could have and not expected a dime from that one. It's all very tricky many of my mentors and even my adopted parents are telling me to go for and that business is business but I just don't want to put anyone out of the street.

Business is business only goes so far.  If you talk to her and she's willing to move somewhere you will put her up (that you don't expect anything in return for), then go for it.  But I'd make sure she's on board with it first.

I'm not saying anything bad about anyone who has told you business is business, but I couldn't operate that way.  I've gone through a couple of evictions myself and it always sucks.  But I'll never put myself into a situation where it has to be a family member or even friends.  That's the only advice I have here.  Don't put yourself into a situation like that.  It's just unnecessary stress and there are plenty of deals that don't involve family.

Good luck!

Honestly it would have to be between me going to the poor house and my children starving or being able to survive, to touch a deal like that. There is a reason why family =blood, it is something you cannot change. Honestly all I see with a deal like that is tons of heartaches and ill will. So unless it meant my family's survival I would move on.

@Elizabeth Colegrove the seller notified me that she going to kick her out regardless if I buy the property or not she said she hates landlording and since she already paying its mortgage she will just kick her out anyway and just have a vacant property. I am trying to figure out a way to do owner financing deal, and then allow the current tenant my birth mother to still live there and I am thinking while she there I could fix it up and maybe able to refinance the loan and take my money out and just the money I take out to put her in a another property where he rent will be way lower then it is now. Thoughts?

Wait a minute: the seller is offering to kick her out and provide you with an empty property - and you are now considering asking the tenant to stay in the property so you can fix it up?  You must be joking, right?

@Andrew S. did you miss the part where the tenant is my birth mother (I was adopted) and no amount money will make it ok to make someone homeless even if she wasn't related to me. No in the business of making the world a worst place then it already is, just trying to do my part to make it a little better. 

Originally posted by @Justin Dixon :

@Andrew S. did you miss the part where the tenant is my birth mother (I was adopted) and no amount money will make it ok to make someone homeless even if she wasn't related to me. No in the business of making the world a worst place then it already is, just trying to do my part to make it a little better. 

No, I did not miss that part, but from afar it is not obvious to me why she would land on the street - she could also find another place to live, for example. That said, you obviously may have info saying otherwise, so only you can ma me that judgment.

I WILL say that there is a very high likelihood that you will come to regret trying to renovate the place while she stays there.  Better get ready to finance her housing for the foreseeable future.  I'd say if you do that, then why bother renovating?  Just buy the place and let her live there.

Yeah I hear you. The fact that you are asking in this forum shows you care right ? I wouldn't take that deal. I'm sure there are other great opportunities right around the corner !!

@Andrew S. you right I do have info knowing that she could not just go out and rent another place. But real estate is a grey world not black and white. I could just as easily turn the place into a section 8 property and the government paid me fair market rent and still allow her to live there decreasing her rent to around $20-$40. While still giving the house a cosmetic makeover. And before you ask yes she is a person who does qualify for section 8 housing and yes I know this because I went down to the section 8 department in my area, and know for a fact she been on their waiting list for 10 months. Not knocking on your way of thinking but if you were in that position and I came long about to buy the home you live in knowing that the seller will kick you out leaving you homeless I would have spent the same amount of time and energy trying to figure out how to help you in that situation as well. Even if you didn't qualify for section 8 I know other low rental landlords that have not problem working with tenants who out just down and out of their lucky at the moment. There's always a way. Just got to be consistent of to stick with the problem. Just looking at BP here where there are tons of people who are willing to help you find the solution to your problem. 

@Justin Dixon  You said the numbers work great and the current tenant is terrible and on top of that the current owner is willing to kick out the current tenant for you. The real estate investor in you says this is a great deal.

However, this deal has nothing to do with real estate and everything to do with your own values and morals. It's okay to want to help your birth mother, but you should probably have a real conversation with her and find out how receptive she is to the options before you make any decision. Are you willing to make her problems your problems? Are you willing to drastically reduce her rent, find her a new home, help her move, etc.? If not, walk away from this deal.

This is just a lesson you will have to learn by experience. You have to go through the experience that everyone here is trying to help you avoid. Good Luck and be great. Nothing but BP tough love.

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