Evicting Tenant after buying 3 Family (with Tenants)

[Robert P.]

I am in the process of buying a 3 family home with tenants in each of the units. I have financed this through FHA, so it needs to be owner occupied.

My plan when buying was to "figure out" each tenant as much as I could and choose one to evict so I can move in. Now that I have chosen one, with closing in less than 2 weeks, what is the best way to get that tenant out peacefully?

I know there are general laws and notices, etc which I am very familiar with, but what would be the best way to get them out. Should I just serve notices, talk to them about the situation,etc? I feel bad that they will have to move out so quickly, but there really isn't much that can be done. 

If I have to go to court, will the judge be more on my side since I bought the property with owner occupied clause, or is it the same deal?

Any insight would be helpful. Trying to figure out the best way to get them out with out too much trouble and costs.

State: Massachusetts 

Tenancy: At Will

Tenants: 2 adults and 2 teenagers

[Richard C.]

Originally posted by @Robert P.:

I am in the process of buying a 3 family home with tenants in each of the units. I have financed this through FHA, so it needs to be owner occupied.

My plan when buying was to "figure out" each tenant as much as I could and choose one to evict so I can move in. Now that I have chosen one, with closing in less than 2 weeks, what is the best way to get that tenant out peacefully?

I know there are general laws and notices, etc which I am very familiar with, but what would be the best way to get them out. Should I just serve notices, talk to them about the situation,etc? I feel bad that they will have to move out so quickly, but there really isn't much that can be done. 

If I have to go to court, will the judge be more on my side since I bought the property with owner occupied clause, or is it the same deal?

Any insight would be helpful. Trying to figure out the best way to get them out with out too much trouble and costs.

State: Massachusetts 

Tenancy: At Will

Tenants: 2 adults and 2 teenagers

 So, two things.

First, you're not "evicting" anyone. You have no grounds for eviction. Fortunately for you, you don't need to evict anyone, you can just not renew the month-to-month tenancy. You have to give notice, how much notice will vary by state law. Usually 30 days, sometimes 60. That works for you, because your FHA loan will require you to occupy within 60 days, not at closing.

Second,  you should not end up in court.  If you do, the judge magistrate will not care even one little tiny bit that you used a loan with an occupancy requirement.

You are not getting them out legally in 2 weeks.  If you try, you will get very, very jammed up.  So I would recommend shifting your thought pattern away from "evict" and toward "pay off."

The only way to get them out, legally, in two weeks is to pay them to leave.

Otherwise, 30-60 days from the end of the current rental month.

Don't try to get clever with this, or you could get hit badly.  Just give them notice as required by your state's law.  And then wait.