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Updated almost 7 years ago, 02/13/2018
Legal Guidance -- Issue with Tenant
Hi BiggerPockets!
I am reaching out in hopes to get some guidance in the situation I am currently in. Here is the non-detailed back-story;
Purchased a new 3-family in October and inherited the tenants in the other two units (I would be living in one). That said, I took over the previous landlords lease, which was a skeleton lease of 3 pages. Not much was being protected.
After 2 months of living there (I lived above one of the units rented) I would witness the tenant literally screaming, cursing, and being verbally abusive to her two sons (4 years old and 7 years old) - loud noises all day and night, etc. Now, I know it's not my business what she does with her life or children but after bringing this to her attention, multiple times, it kept going. I also have received numerous complaints from the tenant next to them. And not just complaining complaints, like scary, nasty complaints that I wont even get into.
I moved out of the unit in January as I found someone to rent and in the first month of the new tenant living there they too filed a complaint against the below tenant as they heard verbally abusive behavior as well. Again, I alerted the tenant and of course, she denied everything, etc. etc. A handful of other things have happened to, which completely put a bad taste in my mouth (IE: she asked if her niece and her nieces baby could move in for a month and I said no - she didn't listen and they moved in - technically she broke her lease right then and there but I let it slide knowing her lease was going to expire) (she thought another tenant knocked her garbage can and grill over -- when it was just the wind). IT GOES ON..
So, in December I gave her a 60-day notice for renewing or vacate with a new rental price $100 more than what she was paying (I raised it in hopes she would vacate). In a fury text, she said she wasn't going to be staying but I took it with a grain of salt because I needed her signed vacate or renew sheet to be able to issue her a new lease.
That said, she actually signed and said she would be renewing the new rental price. So then, I put together a rather long and inclusive lease which was about 20 pages. I wanted to protect myself, my other tenants and my property. I put clauses in the lease that would make her clean up her act if she was going to stay and protect me if I needed to evict her. I took lead from other RE Investors who have long leases to protect them and their property.
Her lease expires end of this month and she still has not signed the new lease. I texted her the beginning of last week and she said that she was going to have an attorney look at the lease since it was 'SO LONG" and she had questions. I said, Ok Great - let me know by Friday....(she never let me know). If she didn't have a guilty conscious she would have signed the lease and been done with it...
Being as I still do not have a signed lease, my question is -- if by the end of the month I still do not have the signed lease, according to her previous lease, her contract will go month-to-month and either tenant or landlord can give a 30-day notice to vacate. If by the end of the month she doesn't sign, I assume I am allowed to tell her to vacate within 30 days? I just don't want her to turn into a squatter or I also do not want to have to evict her. She has been a nightmare and I just want to be rid of her at this point.
Any help or guidance is very appreciated.