First Day Landlord Problem - Help!

[Mike Fuchs]

Hi all, we closed on our first rental property today (a duplex), and have read all we could preparing for the transition. We have a vacant unit that should be easy to fill, and tenant on a month to month lease. This is a tenant that likely would not pass our screening process but we at least wanted to fill the vacant unit prior to presenting a new lease/screening process. 

Anyway, we found out at closing that the tenant had failed to pay Nov rent. As we were cleaning up the vacant unit, current tenant came to us saying there was no way rent would be paid for Dec either. This was of course too late in the day to send a proper cancellation of the lease to end in Dec. We are pretty aware of our options and are talking with our lawyer tomorrow, but any advice from similar situations? 

Tenant can't pay nor wants an eviction. Has anyone had luck getting a mutual cancellation or other means? Would love to hear from others who have seen this. Good first day! :)

[Samantha Klein]

@Mike Fuchs The tenant either pays or leaves, simple as that. Issue him the proper notice for unpaid rent and proceed to eviction, if you can get the tenant to agree to move without going to eviction, I'd at least try, offer to pay for a truck and some movers to assist him in moving, or ask him what he needs to move within a week so that you can get possession again and get a paying tenant in ASAP.