Best way to respond in this situation

[Ryan Cleary]

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

[Shervin Golgiri]

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

[Tim Baldwin]

If your lease agreement prohibits unauthorized occupants, you can deliver to her a 7 day notice to cure. Of course, if she has not paid rent timely, deliver a 3 day notice to pay. Note: if your lease requires a greater notice period than the statute requires, comply with the lease. If you have given her a notice to vacate at the end of the lease term already and she doesn't vacate, she is a holdover, in which case, you can file an eviction. Easy peasy! :) 

[Ryan Cleary]

Quote from @Shervin Golgiri:

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

@Shervin Golgiri Unfortunately the boyfriend is on the lease. I know he does not live in the unit but my hands are tied since his name appears.
I responded with 

“I’ll have to see if thats possible, we have started advertising the unit for July 1, I know we can’t take partial payments.

I know you weren’t able to open the unit for today but I just need to get into the unit tomorrow to take some pictures for showings. No worries if you can’t get there, I have the updated key. Let me know!”

Was this the right way to go about it?

[Shervin Golgiri]

I would word it out differently, tell him if he cooperates you will help him when he's looking for new place, he can use you as referral. also let him know that the contract will give you the right of entry with proper written notification.  

You have to show you that you're not just "MR. NICE GUY" and if necessary, you can and will take different routes. 

maybe offer $50 gift card for the inconvenience and keep things in good term but you should stay firm and sound more entitled. 

[Ryan Cleary]

Thanks for all the help. I am still in good contact with the boyfriend. I was able to gain entry today, he trusted me to inspect the unit and asked if I could change the locks.

When I was there, everything was pretty much the same mess but the electric utilities were shut off. Our lease briefly mentions all utilities must be turned on, does not mention the consequence... this old lease is killing me lol.

I don't know what the proper response is, could there be a huge utility bill waiting on the other end of this that falls on my lap?

My best case scenario, I am able to have the tenant vacate the property on his own will, before the end of the month as he promised.

Worst case scenario could be pretty miserable right now.

[Shervin Golgiri]

Quote from @Ryan Cleary:

Thanks for all the help. I am still in good contact with the boyfriend. I was able to gain entry today, he trusted me to inspect the unit and asked if I could change the locks.

When I was there, everything was pretty much the same mess but the electric utilities were shut off. Our lease briefly mentions all utilities must be turned on, does not mention the consequence... this old lease is killing me lol.

I don't know what the proper response is, could there be a huge utility bill waiting on the other end of this that falls on my lap?

My best case scenario, I am able to have the tenant vacate the property on his own will, before the end of the month as he promised.

Worst case scenario could be pretty miserable right now.

 No problem, glad was able to help. At least you're clearer about the situation compared to few days ago. It's likely that's the reason they turn off the utilities. there are few ways you can go about this situation. one that I would consider, try to communicate and have him agree with you on a date and time to take possession of the property. 

for the lock I would tell him, yes. Lock is being replaced when I come in to take possession of the property.  you would need to assess the situation more and decide on how you're going to go about it. Also try finding more information on Utilities. You're doing good.

[Ryan Cleary]

Quote from @Shervin Golgiri:

Quote from @Ryan Cleary:

Thanks for all the help. I am still in good contact with the boyfriend. I was able to gain entry today, he trusted me to inspect the unit and asked if I could change the locks.

When I was there, everything was pretty much the same mess but the electric utilities were shut off. Our lease briefly mentions all utilities must be turned on, does not mention the consequence... this old lease is killing me lol.

I don't know what the proper response is, could there be a huge utility bill waiting on the other end of this that falls on my lap?

My best case scenario, I am able to have the tenant vacate the property on his own will, before the end of the month as he promised.

Worst case scenario could be pretty miserable right now.

 No problem, glad was able to help. At least you're clearer about the situation compared to few days ago. It's likely that's the reason they turn off the utilities. there are few ways you can go about this situation. one that I would consider, try to communicate and have him agree with you on a date and time to take possession of the property. 

for the lock I would tell him, yes. Lock is being replaced when I come in to take possession of the property.  you would need to assess the situation more and decide on how you're going to go about it. Also try finding more information on Utilities. You're doing good.

 Thanks a lot!