Persuading squatting tenant to move during 60 day notice period

Persuading squatting tenant to move during 60 day notice period

Member since 2017 · 4 posts · 0 votes

Looking for some experienced wisdom on "incentivizing" a tenant to move out during a 60 day notice period.

I'll soon be taking over a SFR in CA but before I do the seller needs to get a family member to vacate the property. It appears the relative has been living in the house for several years, without any type of lease, never paying rent and has no intention of ever leaving.

In CA., a 60 day notice is the 1st legal requirement to getting a current occupier out of a property.

My question(s), can contacting the family member to inquire about their plans and/or offer some motivation to vacate interfere with the notice period in any way? I don't want to do/say anything to negate the notice period or restart the clock so to speak.

If it's not an issue, any advice on how to introduce myself and break the ice? "How you doing, your family member is selling me the roof over your head and you need to leave" doesn't seem like a good conversation starter.

Lastly, is there an industry standard incentive that typically works to motivate "tenants" to move out sooner than later?

Any and all experienced input is greatly appreciated!

Thanks,

Mark

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Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y

The best incentive is one that is several hundred thousand dollars....and that's not for the tenant. Make vacant delivery a condition of the sale, and then the seller will have a several hundred thousand dollar investment as incentive to push the relative out. I promise, he will have more negotiating power than you and since it's his mess he should deal with it.

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  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y

    The best incentive is one that is several hundred thousand dollars....and that's not for the tenant. Make vacant delivery a condition of the sale, and then the seller will have a several hundred thousand dollar investment as incentive to push the relative out. I promise, he will have more negotiating power than you and since it's his mess he should deal with it.

  • Member since 2017 · 4 posts · 0 votes
    8y

    That's understood. In this case  there's this dynamic of a strained family relationship where these individuals don't and will not speak to each other. This has motivated the seller to accept my deep discounted offer, for which I'm willing to do some of the heavy lifting.

    I'm interested in truncating the wait time as well as avoid a possible eviction process after the 60 days is up.

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    There's nothing illegal or immoral about contacting the tenant and negotiating an agreement.

    I would probably start by kindly introducing myself as the purchaser and see how they respond. If they're hostile, hit them with a notice immediately and work the law as quickly as possible. 

    If they are friendly or reasonable, immediately offer them some financial assistance to help make the move easier. You can offer to rent a truck, hire a couple movers, pay them cash, etc. If you pay them cash, don't pay until after they are out or at least split the payment so you have some leverage if they refuse to vacate or trash the place on the way out.

    Get your agreement in writing!!!

    The DIY Landlord Book4.7248 Reviews
  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    @Mark Miller I would insist this idiot is removed **before** I close In mexIfornia Its Nearly Impossible To Get These squatters out . Why take on a major headache and liability when it’s the sellers responsibility? Not worth the trouble unless the guy is gone
  • Member since 2017 · 4 posts · 0 votes
    8y

    @Nathan G. THANKS! Good advice.

    @Denis M. Whether or not to remove the "tenant" before closing wasn't really part of the question. But thanks for the response.

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