Inheriting a Difficult Tenant in Jacksonville, FL

[Greg Hansen]

I'm preparing to close on my first property next week in Jacksonville, FL.  Everything has been going well so far, and the plan was to immediately start renovating both units.  However, we just learned that a tenant in one of the units (it's a duplex) is now refusing to move out until it's a "done deal," i.e. closing day.  She was supposed to be gone by 31 August.  Given that I'm likely to inherit this tenant now and the difficulty we've had working with her so far, I won't be surprised if she continues to resist past closing day and I am forced to evict her.  

A couple factors to consider:

- Again, this is my first property.  Planning to renovate both units and house-hack.  

- Using a VA renovation loan, so the renovation clock starts ticking at closing. Renovations could theoretically be completed with tenant in place, but it would be extremely inconvenient and difficult given her tendency to not let anyone into the unit (prospective buyers, agents, etc).

- Tenant has been there for 5 years, had at least 8-10x family members living there (3bd/2bth), and the landlord/seller NEVER has never had her sign a lease (!!!).  She originally said she'd leave at the end of August but didn't and hasn't paid rent for September.

Any thoughts/tips/advice for dealing with a situation like this?  Didn't think I'd have to deal with this right off the bat.  Tenant might just up and leave at the end of September, but I want to prepare for the worst.  Starting to dig into the county's eviction process just to in case it gets to that point.

[Andrew B.]

Does your purchase contract state that the unit will be delivered vacant? If so, tell the current owner that you plan to delay closing if the tenant is not out.

If not, your only option is to wait and see. You can/should request the current owner post a 5 day pay or quit to get the ball rolling on an eviction, but you most likely cannot force his hand.