Just bought my first MFR...Inherited Tennant Issues!

[Derrick R.]

Hi BP, hoping I can get some good ideas on my current little predicament.

I just closed on a triplex on the 30th of November and each unit was already rented. The previous owner filled me in about one of the tenants that wasn't the greatest tenant in the world and the landlord let the tenant slip on a few things. The lease is a month to month.

-The previous owner allowed one dog, which is listed on the rental agreement as a staffordshire terrier ( but could be a pit bull?). The tenant now has 3 total dogs in the unit. I do not want any dogs at all in the unit.

-Each unit has a courtyard and there is some piled up junk within the courtyard

-Tenant's son, who is not on the lease, is living at the unit. A few days ago, one of the other tenants (who is an ideal tenant) called to complain because of an uproar between the problem tenant and the son.

-Rent payments consistently go to the grace period on the 5th of the month or slightly late. I called the tenant about 3 times and sent text messages, with no response until about a day later when I was about to post a notice of late rent and explain that if the tenant didn't pay on the 5th, they would get a 3 day notice. Tenant finally got ahold of me and settled up.

I want this tenant gone. With the previous landlord's lease still in affect (which is month-to-month), I can serve a 30 day notice, but this wouldn't have the tenant out until the 31st of January. Or I could just serve a 7 day notice now to have the tenant potentially fix the problems. Still, if the tenant did fix the problems, I would want them out of there by the end of January.

I also have not had my new lease signed by the tenants yet. Do I go ahead and have the tenant sign the new lease and tell them right now that they will have to be gone by the end of January? I'm trying to figure out the best way to go about this without it turning into a huge mess. Thanks in advance for any replies.

[Deanna McCormick]

Basically with MtoM lease if you want them gone, Just give a non-renewal. You don't have to state a reason for not renewing their lease, you could but it's not necessary. They may ask if they do just say I have decided for a change and leave it at that. 

So yes your stuck with them for a while,, give notice by Mid December, of non-renewal, this gives them plenty of time to try and find another location..  Yes your only required to give the notice 1 day prior to the last day of the month,, but I've found more cooperation in giving longer notice.

If you have it give them a copy of their move in check sheet and a cleaning charge sheet for what you'll be charging for any items needing replacement or extra cleaning, with instructions on how and when to drop off key, and for a forwarding address. And that you will be available for a walk thru prior to the 31 of Jan by appointment.

If they don't pay January rent, then you could file for eviction, with proper pay quit notice,, 

If they don't move you can file for eviction, failure to comply with non-renewal. 

Either way I'd give them as much notice period as you can for non renewal. You could put put in your non-renewal notice that you would accept a earlier move out date, and would pro-rate the rent for any difference

 Inherited tenant or one you choose, people change and you'll have to address those things as they present.

Lease violation, yes you could but at this point,, getting rid of the dogs is not going to change things much and your main point is to get them all to go,, I wouldn't stir the hornet nest more than I had to.. I'd keep it simple,, NON renewal, and then hit them with the entire everything if they aren't gone Jan 31st.. By no means accept a check for any rent payment for the month of Feb. If they are still there file Feb 1st for eviction.

JUST make sure if you do File to put : Et al ,  on the court paperwork so the son and anyone else living there are included.   Like tenants,, John Smith, Et al.... as his son and others aren't listed on the paperwork and you could also put that on the non renewal.. 

Check you landlord tenant state laws so your within the proper guidelines to proceed.