Need advice on evicting tenants in a duplex

[James Wayan]

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.

[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.