Need advice on evicting tenants in a duplex

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Need advice on evicting tenants in a duplex

James Wayan
Member since 2018 · 1 post · 0 votes

So, I'm "house hacking," and plan to purchase a duplex and live in one unit and rent out the other. Found a property, both sides are rented out but the tenants on either side are on month-to-month leases.

Both tenants like the property and want to stay, but I'm doing an FHA owner-occupied loan so I will be required to occupy one of the units within 60 days. I feel terrible about the prospect of kicking out one of these tenants. Both seem very nice. But I have no choice.

I have a couple questions that I would love some help with:

- I don't suppose there's any way to extend the 60-day move-in requirement, is there? I would not at all mind giving them more time to find a new place, but my understanding is that 60 days is required.

- Would it be weird (or potentially open me up to some kind of legal liability) if I offered to pay whoever I evict some money, say, $500 or something, to help them transition to a new place?

I guess those are my only two questions. I just feel crummy about it, and any advice anyone can give would be much appreciated.

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y

You are under no obligation to pay anyone to leave. Offering to pay may make them feel emboldened to ask for even more. The law requires you to give notice and they have to be out. All you need to do is serve them notice that is honest, factual, and fair:

That's it. Don't over-think it, don't apologize, don't offer to pay money or otherwise bribe them. It's your house, they are renters, and this is the life of a renter.

You have 60 days to get them out. Start by asking if either one of them would voluntarily leave. If not, give notice to whichever one you want to get rid of. Give them 30 days to vacate. If they fail to leave, start the eviction process and you should still be able to get them out within the 60 day window.

If you fail to move in within the 60-day window, the bank probably won't even know. It's not like they send someone to every house to verify who's living there. If it's going to stretch out because of an eviction, just call and explain that to them and I'm sure you'll be fine.

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  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    8y

    If the current tenants are month-to-month, you don’t have to evict them. Just simply give one of them the required notice letting them know that you’ll be terminating their tenancy and explain to them it’s nothing personal but you need to move in yourself. 

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  • Marian Smith
    Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    8y
    True, you are just ending the month to month..at the end of the next month. I think relocation money would be nice and help ease the process...maybe offer to give them a portion of their deposit back early to use for their next deposit and offer a bonus for leaving a clean place behind, in addition to refunding the rest of their deposit. Just an idea...never done it.
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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    Do not wait until you take over ownership. If they refuse to leave, you'll be stuck with an eviction as your first responsibility and it can be a mess.

    Make the purchase contingent on one of the units being vacant, subject to an inspection prior to closing. Set the closing 60 days out so the Tenant has two full months to find a new rental. You inspect to ensure they are gone and the unit is in decent condition, close a couple days later, move right in with no stress or eviction costs.

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  • Aaron C.
    Rental Property Investor · Bridgeport, CT · Member since 2019 · 34 posts · 2 votes
    7y

    @Nathan G. What if the 60days have passed and the tenant still hasn’t been served notice or evicted? How would you go about it?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You are under no obligation to pay anyone to leave. Offering to pay may make them feel emboldened to ask for even more. The law requires you to give notice and they have to be out. All you need to do is serve them notice that is honest, factual, and fair:

    That's it. Don't over-think it, don't apologize, don't offer to pay money or otherwise bribe them. It's your house, they are renters, and this is the life of a renter.

    You have 60 days to get them out. Start by asking if either one of them would voluntarily leave. If not, give notice to whichever one you want to get rid of. Give them 30 days to vacate. If they fail to leave, start the eviction process and you should still be able to get them out within the 60 day window.

    If you fail to move in within the 60-day window, the bank probably won't even know. It's not like they send someone to every house to verify who's living there. If it's going to stretch out because of an eviction, just call and explain that to them and I'm sure you'll be fine.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    2Reply
  • James Wise
    Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 31k+ posts · 20k+ votes
    7y
    Originally posted by @Nathan Gesner:

    You are under no obligation to pay anyone to leave. Offering to pay may make them feel emboldened to ask for even more. The law requires you to give notice and they have to be out. All you need to do is serve them notice that is honest, factual, and fair:

    That's it. Don't over-think it, don't apologize, don't offer to pay money or otherwise bribe them. It's your house, they are renters, and this is the life of a renter.

    You have 60 days to get them out. Start by asking if either one of them would voluntarily leave. If not, give notice to whichever one you want to get rid of. Give them 30 days to vacate. If they fail to leave, start the eviction process and you should still be able to get them out within the 60 day window.

    If you fail to move in within the 60-day window, the bank probably won't even know. It's not like they send someone to every house to verify who's living there. If it's going to stretch out because of an eviction, just call and explain that to them and I'm sure you'll be fine.

     Yea man this is part of the biz. Get um out & move on. You aren't their friend & they aren't your responsibility. Provide proper notice for one of them to move out. Nothing more, nothing less. Don't try going there and meeting them or shaking their hand & looking them in the eye while you give them the notice or some b/s like that. Send a letter & be done with it. Bonus points if you just get the seller to do it as a closing contingency so you don't even need to deal with it.

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