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Updated over 7 years ago on . Most recent reply
Asking a good tenant to move out for sale
Hey BP,
I am looking to sell my property that is currently occupied by a tenant. He is a great guy, a single Dad, never been late on payments and has been very understanding about some not so great property management issues in the past. So I want to be sure he isn't put into a difficult position. When I approach him about selling the place I would like to have some sort of document for him to sign saying that he agrees to the terms of moving out and breaking his lease. I have been told that in cases like these incentifying the tenant with sums of money if they are able to move out by certain dates is a good way to go.
My question here is does anyone have any legal type documentation along these lines? (I have looked through the BP files, Problem is I dont really know what i'm looking for).
Lastly, Any strategies on how to approach this will be very appreciated.
Thank you!
Most Popular Reply
You have no leg to stand on as far as being harsh if the place is trashed - because you just signed a new lease with this guy.
So, picture ending up in court and the judge asking you why you signed a new lease with some guy who trashed your house?
You need to put yourself in the shoes of this guy. If you were him, what would be the proper incentive to get you to move. Forget completely your own needs or agenda. Pretend you are the tenant.
If he's a single dad, I'm assuming that means schools and kids. Does he have custody? Moving at the beginning of the school year will cause stress for him and the kids - even if they don't change schools. They'll be dealing with new rooms and new transportation problems. This is a huge deal for a single parent and their kids.
So, if I was him, would I move for $200? Heck no. And if you tried to pull some strong-arm routine on me, I'd be googling my rights and maybe talking to a lawyer.
So, now, if you were that guy, what would you want in order to want to put yourself and your kids through all the hassle? And maybe there's an issue with him and the court as far as not changing addresses, too.
I think you should sit down with the guy and tell him what you'd like - that you're going through a divorce, etc., (which he's probably been through) and you are going to need to sell the house. So, what would it take for him to move out?
And heck, maybe he'll want to buy it. But, treat him with respect and ask him what he'd want. You may be surprised, and it may be easier than you expected.
But, if you go in their with some wimpy, insulting offer, then pull some threatening type behavior, it will not likely go easy for you. Remember, you are the one who needs a favor here. Treat him with respect and he may surprise you.