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Updated over 6 years ago on . Most recent reply

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Janet Orgill
  • Investor
  • Incline Village, NV
9
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11
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Existing lease on new property has no term!

Janet Orgill
  • Investor
  • Incline Village, NV
Posted

I am purchasing a two-unit property that has one current tenant. The lease began February 15th of this year, but for some reason the landlord did not put in a term. It is not an annual term, it is not month to month, that section of the lease is blank. The property is in the state of Utah. Can anyone guide me as to how to handle this?  The current rents are about 20% below market, so I'd like them out. I close on 11/21/18. Thanks! 

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William Hochstedler
  • Broker
  • Logan, UT
1,061
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William Hochstedler
  • Broker
  • Logan, UT
Replied

Definitely talk to an attorney (which I am not) but Utah statute says that leases with no end date only require 15 day notice.

https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S802.html?v=C78B-6-S802_1800010118000101#

But less expensive and safer is to simply define the terms explicitly during your due diligence period either directly with the tenant or through the seller.  Just make it a contingency to the offer.

Good luck!

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