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Updated 8 months ago on . Most recent reply

User Stats

360
Posts
323
Votes
Ryan Cleary
  • Real Estate Agent
  • Saint Lucie, FL
323
Votes |
360
Posts

Best way to respond in this situation

Ryan Cleary
  • Real Estate Agent
  • Saint Lucie, FL
Posted

Okay. Bit of a loaded one.

I have a duplex where one side is vacant, one side has had a tenant for 2 years. I am looking to vacate the house and prep for a 1031.

I previously had the property listed, got under contract just for this tenant to be the reason we didnt make it through the inspection period.

I have a good relationship with her but she is a mess, pays late every month (including her late fee, she is current), police visits, etc. 

I posted a 60 day notice to terminate the lease (the lease says 60...), the same day I receive a message from her boyfriend (I think) who I met once briefly but does not live at the property, saying that she is not living there, and that she cant be reached. He says "she is dealing with personal issues, her ex boyfriend tried breaking into the unit several times /sending her threats and shes not available".

I have replaced the locks for her and beefed up her security in the past. A bit strange, I thought about this a bit and I didn't know if this could be signs of a sketchy scenario or if it was none of my business (besides the non-existent damage to the doors/ windows). Kind of a hard line to draw. 

Anyways, I text him asking if I can see the apartment and show it to prospective renters. To which he politely says NO. 30 days would put us at June 30th, now he is asking if he can pay for partial of July.

I dont really know the best way to navigate this.

My thoughts:

-Im hoping whatever weird thing thats going on is not as bad as I think it could be

-I want them gone for the 1031/ ridding myself of this caliber property

-legally they can stay till the end of July

-possibly responding with "sorry we cant take partial payments"

-not sure if thats legal or would come back to haunt me if he ends up agreeing and now im dealing with the unknown for longer

  • Ryan Cleary
  • [email protected]
  • 561-850-8229
  • Most Popular Reply

    User Stats

    46
    Posts
    24
    Votes
    Shervin Golgiri
    • Real Estate Agent
    • Union city
    24
    Votes |
    46
    Posts
    Shervin Golgiri
    • Real Estate Agent
    • Union city
    Replied

    Hi Ryan,

    Look at the leasing agreement and see if his name is even on the lease. It takes a lot more effort to make the inspection go through smoothly when who have situation like this in your hand. withing 48 hrs. written notice you should have been able to go inside property for Maintenance and Inspection. check your leasing agreement see if this was added to your lease.

    Its good that he's communicating with you, keep that channel open and work something out but be open and expect if this led to actual eviction. hope for the best but prepare for the worst. 

    shervinrealtor.com

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