Eviction for owner occupancy?

Question

I recently bought a triplex (my first ever purchase) but based on the terms of my mortgage, I need to move in. One unit has a woman on disability for osteoarthritis who has been there for 10 years, the second unit is her 30 yr old daughter, also on disability for MS, and the third unit is occupied by an older woman who is rumored to have an interest in moving out. The lease for the 30 yr old is up at the end of July, but I would like to keep her if I can. The older woman's lease ends at the end of Aug, so if she wants to move out anyway that makes the most sense. It isn't technically an eviction because we're waiting for her lease to end, right? Do I still need to write an eviction letter, or is there something else like an end-of-lease move out letter? I couldn't find any sample eviction letters online where the reason for eviction was owner occupancy. Any advice?

Johnny Manziel · Answer

Its the laws of the loan - it must be owner occupied. She is asking for help not if you need exercise.

Marcia Maynard · Answer

I would talk with the woman who may be interested in moving out. If she does intend to move, offer her the option of breaking the lease without penalty and moving sooner. Even with a lease in place, the two of you can decide to end it sooner by mutual agreement. Put your intent in writing with dates and signatures.

If she is prepared to move out at the end of the lease, but not sooner, then that is okay too.  Be patient. Give her legal notice that her lease will not be renewed.

I she doesn't want to move at all, be compassionate and understanding. Do what you can to ease the blow and make the moving process as easy as possible for her. Give her legal notice that her lease will not be renewed. Tell her the real reason, that you will be moving into the unit she now occupies. Show her appreciation for her understanding and offer to write her a recommendation letter if you feel you can give her a good reference.

In any case, follow landlord-tenant law for your jurisdiction. Give legal notices on time and in the appropriate manner. Provide move-out instructions to improve the chances that the move-out will go smoothly. We often set up a large trash can and provide trash bags, so tenants can easily get rid of trash. We sometimes even provide moving boxes, tape, markers, and 3-mil thick large plastic bags for tenants to contain their belongings and move them efficiently. This improves the  chances that tenants will move-out cooperatively and without damaging the place.

Jeff Copeland · Answer

What @Wayne Brooks said.

I assure you that Colorado's landlord-tenant laws trump any requirement put in place by your lender.

That being said, your lender should be reasonable with regards to when they expect/require you to move in. As long as you are acting in good faith and intend to occupy as soon as one of your units becomes available (within a couple of months), you should be okay. It's not uncommon for home buyers to have existing leases they need to honor themselves, and other considerations, that necessitate waiting a couple of months before moving.

Finally, as a landlord, be very careful not to use (or even sound like you're considering) age, familial status, or disability as factors in tenant selection. Though age is not expressly covered, familial status and disability are specific protected classes under the Fair Housing Act. Though you may be exempt as an owner occupant with less than four doors, better to learn the rules now than to crash and burn later on.

Good luck!

Account Closed · Answer

Ha!  Good one.  Made me laugh :-)

Account Closed · Answer

You can't kick any of them out if they're on a lease.

What are the laws where your property is?

My advice:  Go learn the laws of your business.

How can people invest in something worth hundreds of thousands of dollars before they know anything about the business that regulates it?

I need to go for a walk.

Johnny Manziel · Answer

:)

Jean-francois Ndomb · Answer

Thank you @Brandon Battle. I will contact someone!

Brandon Battle · Answer

@Jean-francois Ndomb,check your local laws on that.It may be 60 days in your property's area.

Jean-francois Ndomb · Answer

@Brandon Battle, I have the same situation and i am closing next week to move in one of my 3 units. All the current tenants from the seller are on a month to month base lease. Can I just give them a 30 day notice of lease None-Renewal? Thank you in advance.

JF

Eviction for owner occupancy?

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