Current Tenant Remodeled House I'm Wholesaling W/O Permission?

Current Tenant Remodeled House I'm Wholesaling W/O Permission?

Real Estate Investor · Steamboat, CO · Member since 2010 · 295 posts · 34 votes

I have a property under contract and have the sell-side under contract as well. The house is in excellent condition and I've since learned the tenant remodeled it without permission. They asked if they could change the cabinets a couple of years ago, and then also put in granite countertops, new appliances, laminate flooring, tiled bath, etc.

The rent on it currently is half the market rent due to the sharp market upturn, and the security deposit is only $250. My concern is that the soon-to-be-given-notice tenant (month to month lease) will damage the property  and/or remove appliances after the new owner lets them know their tenancy is ended, on their way out. Things such as taking the granite counters, cabinets etc. The house had a functioning kitchen, etc, before the tenant threw them out.

The seller and I have offered to increase the security deposit to $2,000 to ensure the new owner gets the property as it is, and have itemized the items that are to remain. The tenant refuses to sign the agreement and is evasive. I want my repeat buyer to get the property as it is, without drama, and damage at the time the tenant moves out. My idea was to set the security deposit higher so the tenant didn't receive anything until after having departed. Legally, they probably aren't entitled to anything, but the practical problem remains as there are possible outcomes I cant foresee.

Has anyone encountered this, or have suggestions on how to smooth this out? The tenant is a long-term tenant and the seller lives out of state, and so thought they could do anything with the property they desired.

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  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    10y

    How did this end up? Curious as to what you did or didn't do to mitigate the risk for your client.

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y
    Why would a tenant make those upgrades, especially a month to month?
  • Real Estate Investor · Steamboat, CO · Member since 2010 · 295 posts · 34 votes
    10y

    The tenant had been there for 6 years, with an out of state owner and apparently felt quite comfortable that it would continue for a longer time. The seller said the tenant asked if they could change the kitchen cabinets, and then did the rest without asking.

    The seller initially tried to get the tenant to sign a statement that they had upgraded the house on their own, but I doubted the tenant would sent it back signed, as there was no incentive. It was a very good deal, and I wanted to structure it so the tenant got a bonus after having left the unit intact. So I suggested raising the security deposit from a shocking $250 up another $1500. The seller agreed to it, and I added another $250 to make it an even $2,000 which all passed through to the buyer at closing.

     Another document stating what and when the tenant would receive this amount was notarized by owner and tenant..  I think the tenant is still there, but likely at an increased rate. I couldn't sell a house (this was the back house of two on a lot) that was going to be disassembled by an unhappy tenant, when they potentially got their notice to relocate and get their very small $250 deposit back.

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