Inherited Tenant on 1st Rental Property

3 Replies

Hello BP Community,

Hope all is well during these unprecedented times. I Closed on my 1st property a few months ago, and inherited a tenant who was supposed to leave come September 30th (They were also purchasing a home). They raised two red flags with their mortgage company, lost the property and ended up staying here. The current dilemma I am experiencing is that they has random family members (not on lease) stay in the unit with them for weeks at a time. I already gave them 2 verbal warnings in regards to the guest staying at the home since I only have a certificate of occupancy for 4 people ( 2 bedroom unit). their family consists of 6 people, and with extended family members staying there has been up to 8 people staying for weeks at a time, exceeding the maximum occupancy rate. They don't seem to care, and still do as they pleases. They have been a tenant for 7 years, and out of the 7 years has not paid rent for about 1 year (happened with previous owner). They has only been late once (10 days overdue) since i obtained the property.

My Home owners insurance agent came to the property and submitted a notice of cancellation because of the mess and clutter he had in the backyard as well. Its one event after the other, and although I'm extremely grateful for the experience I am gaining managing my own property, and dealing with such a complicated tenant, I don't know what my legal options are since we cannot evict anyone until October 2021 or if i even have grounds for eviction (New Jersey).

I'm 29, and The tenant likes to push boundaries to see what they can get away with. they confuse my age with lack of knowledge and seem to take advantage of the situation. I Set my foot down on several occasions and it doesn't seem to get anywhere. Ultimately i would like to get rid of this inherited tenant ASAP. I understand cash for keys is always an option, I would like to do that as a last resort. 

Any Advice is greatly appreciated, as always! Thank you BP Community for taking the time to read my post.

With Best Regards,

You are going to want state specific advise which I cannot give. Are they currently month to month? If that was the case, I know in my state of Ohio I would give them a 30 day notice to vacate the property. If and when they do not vacate then you can filed eviction for the holdover tenant (which has nothing to do with non payment of rent) and it's a pretty open and shut case. 

Once again states vary so I would reach out to a local eviction attorney ASAP. 

Jonathan Styer,

His lease expires October 2021, the previous owner had him sign a 7 year lease. I am going to speak to an eviction attorney, i just wanted some insight from the BP community prior to proceeding with it. 

7 year lease? Thats ridiculous. Either way start reading this pdf. Nj tenant laws are a whole different animal. Unfortunately you even mentioned your biggest issue, no evictions. Seems like verbal judo isn't working either. Id try and get the town on your side but I doubt they'd cooperate.

In Summary, if their lease is into 2021, you can only evict for violations of the lease and other items listed. Sounds like they've violated the lease many times. My plan would be continue documentation of this, notices to them etc. No person conversations. All certified letters and emails. Pray they keep paying then once eviction courts open, be first in line to file. Good luck. And go speak with an attorney.