Acquiring property with delinquent "tenant"

[Account Closed]

Hey all,

I am acquiring a property with a bit of an issue and I'm not sure how to proceed. This may be a question for an attorney, but I thought I'd address it here for posterity.

The property has been occupied for about 13 years by a life-long friend of the current owner on a handshake agreement, the details of which I'm not sure. I do know that the "tenant" has paid no rent for the past 7 years or so. The "tenant" has made one excuse after another why he can't come up withe it, occasionally coming off of a little here and there, making a repair here and there. Due to their history, the owner hasn't had the heart to put his foot down. But his charity has come to a bitter end. Now wishing to wash his hands of the whole thing, he has offered me the property at a steal -- provided I handle the current occupant. So I will be acquiring a property with a delinquent tenant who has lived there for years with permission, paid very little rent, but made improvements, and who is going to put up one hell of a fight when I show up and inform him the party is over.

The owner has handed me the deed and told me to do whatever I need to do to transfer ownership and then take it from there.

What steps are required to take over this property and evict this person while respecting his rights and protecting myself?

[James Wise]

First thing is to try to get the tenant to sign a lease with you.

Then immediately evict if he does not pay on time.

You can still evict without a lease but the lease will provide you with more protection. If he signs the lease he cannot claim there is another lease in effect or something else along those lines.