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Updated over 2 years ago on . Most recent reply
![Henry Senatore's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2099303/1664204222-avatar-hsenatore20.jpg?twic=v1/output=image/cover=128x128&v=2)
PRO ADVICE PLEASE - my father died & left bad "tenant" / brother
Unfortunately my father had a major stroke and died recently. He left myself (executor of will) in charge and I have 3 brothers (we all get 25% of all assets). Dads house is a fully paid off 2 unit on long island in a nice area (3/1 on top, 2/1 on bottom. We have since filled the top with new tenants ($2,400/mo) which help us keep the property afloat. Recently valued at $700k (to get step-up basis) with finished backyard & pool. I live in FL property is in NY.
Two ongoing situations:
- Dad's (now ex)girlfriend of 4 years (she was abusive/irrational & he was breaking up with her) was listed in his will as able to live at the property for 5 years for $500/month. Any time I ask to buy her out she says "let's talk about it another time" or "the will says I have 5 years". She pays no utilities and our taxes are $13,000 per year. Overall property expenses are about $2,000/mo (tax, electric, solar, oil, water, internet) and we don't have a mortgage! She inherited her own property years ago and stayed in the house rent/mortgage free while her siblings paid all bills, until they got tired of paying and lean was put on house - as it falls apart from no maintenance. We don't think we can get her out but we would love to so we can sell the property and get rid of the headache. She's currently advising my younger brother on situation 2 below...
- The 2 youngest brothers (21 & 23) do not have many prospects & still working on finding careers. Both are far removed from the property/bills/maintenance/etc. One brother started dating the tenant upstairs, constantly stays over, and is even looking to change his address on ID to the property. I'm afraid he will eventually move in and won't pay rent or any bills which will turn into me having to pay all the bills to keep a property i don't live in. He can essentially turn into a squatter and I feel helpless.
QUESTION:
- Is there anything I can do to:
A. get my dads ex-girlfriend out of the house?
B. prevent my brother from moving in & turning the house from a cash flowing asset to a liability costing me money?
-Henry Senatore Jr. (first time landlord in a bad situation)
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- Real Estate Broker
- Cody, WY
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Quote from @Henry Senatore:
Welcome to the BiggerPockets forums! I'm sorry your first post had to be such a difficult situation.
1. You can't buy her out because you haven't offered her enough. I suspect she's saving a minimum $1,000 a month or $12,000 a year. Over a 5-year period, that's at least $60,000 in value. She won't leave unless you give her a serious offer for a significant amount of money. I think it's worth speaking with an attorney to see if you can find another way.
2. You can prevent your brother from moving in by getting rid of the girlfriend living there. Or you can turn this all over to a property management company so it's a business and let them deal with getting him on a lease, paying rent, etc.
I really think you need an attorney or PM involved to separate this from family until you can take full control.
- Nathan Gesner
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