Hey BP, need your sage advice please!?!

[Cory Lucas]

Purchased my first duplex on March 2 and it came with tenants currently occupying both sides. I currently have been able to get a lease signed with one of my tenants and rent collected for March with them.

The other tenant I’ve talked to via Facebook messenger multiple times, previous owner said that was the best way to get in touch with him, which I’m not thrilled about that as a communication tool, but I’m navigating that avenue as best I can with him.

I’ve tried to set up times to get together and go over the lease and collect his rent. I feel (and I’m pretty sure I am) getting the runaround in regards to him signing the lease and paying rent. Per his previous lease, late payments do not kick in until day 10 of being overdue.

I should probably preface with I’m not freaking out or anything and I’m perfectly ok with this being a hiccup. I certainly wasn’t planning on posting something like this and asking questions like this so soon, but it is what it is and now I just need to figure out how to best handle it most effectively!

My question to you all without dragging this out much more is, what do you feel my best course of action is?

I have a five day notice from my lawyer that I can use.

Do I just try and stop by and catch him at home? To try and find out what is going on and why he is reluctant to sign and pay? But I’m unsure of tenant rights on that one and just stopping by?

Or do I just serve him the five day notice and if he continues to not pay offer him $200 (his security deposit) to just get out of there?

Or do you all have other better thoughts?

Thanks in advance for the time and replies! Look forward to hearing from you all

[Jill F.]

What, EXACTLY, does the current lease say regarding when rent is due? if rent is due on the first, regardless of the the length of the late fee grace period, then he is technically already in breach of the lease. Yay! Once he breaches the lease, then you are not obligated to honor the rest of the lease term; this is great news if the former owner had a sh*tty lease. I would let him know that because he is late he is in breach and he will need to sign my lease and pay the rent due, and if done promptly (by xx date)this one time I'd give him a pass on the late fee. If he failed to sign my lease, I'd 5-day him-- if you go this route do not accept any payment unless he actually signs your lease. Also, I would not sign a term lease with a tenant of this caliber, only m2m.