Need to evict a tenant and move in! Asap!

[Curtis Dilworth]

Hello forum members!

I recently purchased a quad-plex and and the terms of the financing is I need to move into one of the units within 60 days.

I didn't know who I wanted to evict but I figured it would play itself out within 30 days. All units are rented and all the tenants have one year leases.

The rules of the lease I assumed states that if a tenant hasn't paid on time 3 times within a 6 month period that is a breach of contract and grounds to terminate lease. The tenant ledger I acquired from the property mgt company shows a tenant has been 5 days late every due date and I haven't received payment yet for this month. He did leave a voice mail saying the "check is in the mail."

In addition, He disconnected a smoke detector in another tenants unit when the lease explicitly states that is forbidden. It was chirping and I replaced it the next day.

His money order will probably come in next week should I accept it and start eviction process for him to leave July 1st or should I start eviction process immediately? Any input would be appreciated. Thank you kindly in advance.

[Jean Bolger]

There is something to what Mark C. is saying. I realize that this is a done deal now- but when you buy a property with leases in place then you are legally obliged to honor those leases. To buy with a plan of finding an excise to evict someone so that you can meet your loan terms is frankly a bit cavalier on your part. It sounds like you'll be able to make a case for getting this guy out, so you are within your rights. But what if they were all perfect tenants? The cash for keys option is one that has a much better possibility of being a win/win.

I hope this works out for you, but I also hope you realize that what you did is kind of dicey and that you don't do it again. In the end, it's the tenants that make the money for you in real estate, not the buildings.