lease transfes on duplex?

Question

So I am in on a duplex - how does the lease transfer work for the tenant that's in the back?

Do I sign a new one with them?

Go over and knock on the door, introduce myself, then setup a time to sign a new lease?

Send them the new lease via mail?

They are month to month

Mark Fedorov · Answer

So for the lease transfer, it is the current owners responsibility to make sure that their existing lease will transfer to you as the new owner. You should have a copy of his lease, and confirm this yourself. If this is not the case, WALK, or at least make the deal contigent on the tenants signing with you. You do not want to be stuck with tenants with no lease

You have to abide by the terms of the lease that was transferred to you, same rent, same timeframe. When the lease is over then you can do what you want according to the lease. So, give them 60 days notice and raise rent by $200 per month of they have to move out.... what every you want to do within the confides of the lease... so if there is no lease, I would give a lease YOU LIKE to the existing landlord, or specify the terms (6 months or 12 months, no dogs, charge for maintenance less than $50.. etc) so that the lease you get at the closing is the one that you want.

So, it is not YOUR responsibility to bang on the door to get them to sign a lease, it is the current owners... it also sounds like you should use a lawyer in this transaction to make sure the paperwork is done correctly.

Christopher Brainard · Answer

@Bhavesh Patel

If you had an existing lease term, it would remain in effect for the balance of the lease term. Fortunately for you, that is not the case so you have a few options.

If you're not looking for a rent increase, I would just knock on the door and ask them if they would be willing to sign a new lease. If they are, no issues.

If they are not interested in a lease or you want to alter the terms of the existing lease, you will need to decide what action you want to take. You can look into raising their rent or simply ending their tenancy. If you take this route, make sure you lookup the minimum notice required by state law.

-Christopher