How to get existing tenants to move along

Question

I could use some advice on how to delicately give notice to existing tenants that are a hold over from a property I just purchased. They are month to month and I have a copy of the original lease. The original lease from 2010 states there will only be one occupant, but there are 3, one of whom is a registered sex offender (son of the lessee) with some recent offenses for disorderly conduct. They have 4 dogs and a bird in the house, the lease allows for one pet. In spite of all this, it's decently tidy and I know that the lessee has been in the neighborhood for over 20 years. The first thing they said when I met them was that the hoped I would let them stay. I bought the duplex next door at the same time and told them that for now, that was my focus.

The house needs a lot of work and I can't do it while they are in there. Plus, I really don't want to have a violent sex offender as a tenant. My plan was to give them plenty of notice. I don't have the heart to tell them that they have to move during the holidays, so I was going to tell them that they had to be out by the end of February. Is this much notice risky?

The previous owner let their security deposit be used for rent about a year ago, so I don't have any leverage. Would I be better off waiving January's rent and telling them to be out by then?

Or, is there a better way? I want this to go well because they seem like the type that could be vindictive.

Jon Reed · Answer

@Leigh S. Congrats on being a human! Yes, you are running a business but treating people well (no matter their situation/background) is something that many professional property managers need to take note of and most people don't even realize how amazing the ROI is on kindness. I would say that giving till the end of February may be overkill though... I like @Andrew B.'s suggestion of 60 days.... so I would tell them how you are needing to renovate the property starting February 1st and that they will need to find a new home before then. Keep up the good work and stay kind!

Jill F. · Answer

I think giving them to the end of Feb is a nice gesture-- that makes it not personal, tell them that you bought it to fix up and you really have to get it empty to renovate and raise the rent.

Jon Reed · Answer

@Anthony Wick I have been in property management for over a decade now and have used the same kindness mentality. The answer to the 'why 60 days?'... because that is what I personally feel is a generous amount of time when the majority of the property managers want you out in 30 days 'or you will be evicted'.I know you are just on your soap box and I don't want to turn this thread into a battle of how to manage properties. All I can say is I am very glad that the vast majority of property managers have the 'this is not a charity, move out or get evicted' mentality because that makes what I do stand out even more. Thanks!

Nathan Gesner · Answer

No, no, no. Are you running a business or a charity? You don't have to be cruel but you are under no obligation to make their life easy while making your own life hard. You want to coddle the feelings of a sex offender? You don't want them to move because the holidays are coming but they don't care about obeying the lease they agreed to that limited occupancy to one person. How would you feel if one of the neighbors were assaulted by your illegal tenant during the holidays? Give them the amount of notice required by the law. That's sufficient and you can do it professionally. If you give them notice that they have until February, there is a very good chance they will take advantage of you by not paying last month's rent or begging for an extra month or six or otherwise making life miserable. Treat people kindly, honestly, and fairly but don't forget this is a business.

Leigh S. · Answer

Thanks to all of you for your very good advice! I now know what I need to do and how to do it (with kindness and compassion).

Anthony Wick · Answer

@Leigh S.This question comes up a few times a week now. Rip off the band aid. I imagine you thought about this prior to close. You should have told the seller you wanted the unit delivered empty. Now, give the notice and get them out. If they don’t leave, evict. You’re not running a charity, harsh as that sounds.

Andrew B. · Answer

I'm going to play devils advocate for a second here. Isn't it possible that asking them to be out by Dec 31 (Assuming the state only requires 30 days notice) INCREASES the chances that there will be a holdover situation? If it was the summer, I would agree with you, but as a risk averse person I think I would give them 60 days notice here.

Theresa Harris · Answer

Give them appropriate notice. Personally I would do 60 days to give yourself time to tour the place and make a list of what needs to be done and time to get people lined up to do the work.

Isaac S. · Answer

@Jon Reed Thanks for your perspective! I agree with it. Also, in my experience being kind and respectful as opposed to cold/letter of the law, prevents a large amount of retaliatory activity. As for the hardliners, I agree with theory, but, I find that being flexible enough to avoid turning a benign tenant into a hostile one, can save thousands of dollars and headaches. Clearly don't give any further extensions or be taken advantage of, but, if the tenant is paying rent, why fret over 30 or 60 day move out? Just my 2c.

Anthony Wick · Answer

@Jon ReedWhy is 60 days a magic “kindness” number? What if they cry? What if they say they can’t find a place to move to? Why not 90 days? Why make them leave at all?! Or.......you follow the law and you run your business as a business. If you don’t care about profit in your business, I’ll send you my PayPal account and you can ship extra profits to me.