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Updated almost 3 years ago on . Most recent reply

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Mai Her
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Need advice on a duplex just bought with existing tenet

Mai Her
Posted

I’m new to this and would greatly appreciate any advice. Just bought  a duplex with existing tenants that I found out are not paying rent on a monthly basis. One for sure is 2000 behind already. I have not signed a lease with them just took over the home a couple days. They are on a monthly lease with prior owner. What should I do?

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Theresa Harris
#3 Managing Your Property Contributor
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Theresa Harris
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Give them notice.  If they haven't paid May's rent, give them a notice to pay immediately and if they don't, follow through with an eviction.

You should have got copies of their existing lease (even if they are month to month), their deposits and a record that they were up to date on their rent...plus May's rent prorated unless you took possession May 1 and were to collect that.

If you don't know how to do an eviction, find a local lawyer who specializes in them and give them a call.  Biggest thing is not to wait, get started now.

  • Theresa Harris
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    Theresa Harris
    #3 Managing Your Property Contributor
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    Theresa Harris
    #3 Managing Your Property Contributor
    Replied

    Give them notice.  If they haven't paid May's rent, give them a notice to pay immediately and if they don't, follow through with an eviction.

    You should have got copies of their existing lease (even if they are month to month), their deposits and a record that they were up to date on their rent...plus May's rent prorated unless you took possession May 1 and were to collect that.

    If you don't know how to do an eviction, find a local lawyer who specializes in them and give them a call.  Biggest thing is not to wait, get started now.

  • Theresa Harris
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Mai Her:

    I’m new to this and would greatly appreciate any advice. Just bought  a duplex with existing tenants that I found out are not paying rent on a monthly basis. One for sure is 2000 behind already. I have not signed a lease with them just took over the home a couple days. They are on a monthly lease with prior owner. What should I do?


    First, admit that you made a mistake and it may be costly.

    Second, they owe that money to the previous owner, not you. Give them a 30-day Notice of Termination (or whatever your state requires). Let them know you are aware of their debt. Try to convince them to leave quickly in exchange for their deposit back. Sweeten the pot with a refund of 1-2 weeks of rent if they get out faster.

    Whatever you do, get rid of them.

    • Nathan Gesner
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    Mackenzie Grate
    • Real Estate Agent
    • Ulster County, NY
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    Mackenzie Grate
    • Real Estate Agent
    • Ulster County, NY
    Replied

    I agree with @Theresa Harris . In your due diligence period you should have uncovered they weren't paying. Did you work with a realtor or a real estate attorney. Both of them should have advised you to not only check for this but get proof of payment before closing the deal. So if you did, there may be some follow up you need to have with them.

    In the meantime, get an eviction attorney who only does that and have them advise you. Learn the process now step by step and get started immediately. I would not attempt to do this without an eviction attorney, especially if you are new to investing. One small misstep can cause a judge to rule in their favor or prolong the process. This is not an area to cheap out on.

    Good luck.

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    Eliott Elias
    • Investor
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    Eliott Elias
    • Investor
    • Austin, TX
    Replied

    Great thing is you are on a month to month lease, so you do not have to evict them to get them out. I they are late on rent, ask them to leave

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    Mai Her
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    Mai Her
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    Thanks for all they help