Some basic questions

Some basic questions

Hales Corners, WI · Member since 2013 · 229 posts · 80 votes

Hi BP Friends,

I have a few basic questions about buying a building that has existing tenants.

So, if I was to buy a duplex or multi family that has tenants in it.... what happens?

1. Do I inherit their leases or write new ones?

2. If the renters are month-to-month, does that stick through the sale
(why would you go month-to-month?)

3. Does the previous owner pass the tenants' security deposits to me?

4. What else do I need to know about getting tenants with a building?

5. Is it normal to ask the seller / seller's realtor questions about the existing tenants and their payment history? Like, have they been late, had any issues, etc?

6. Do you consider the quality of the tenants in your property evaluation? For example, I looked at an area where a seller is selling 3 duplexes in a street that is lined with duplexes. If you were to buy one, how would you choose "the pick of the litter?" Do the tenants figure into that equation?

(I'm new, so the thought of getting renters with a property is appealing, less work to market the property and screen if the property is set up an functioning well as is. However, I obviously need to learn about rental marketing, screening and leasing.)

Thank you so much!
Karen

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    13y

    1. The leases comes with the building and you have to stick with those leases until they're completed. Once they end, you can put new ones in place.

    2. Yes, but you can give notice right away and then put a new lease in place as long as you give proper notice. Proper notice will depend on what's in the existing lease and local laws. I prefer month to month. Tenants will leave when they want to leave, so a longer lease is more binding on you than them. With month to month, you can terminate for any reason. Then, if they don't leave, eviction is straightforward.

    3. They better, because you will have to pay them when the tenants move out. You should also get pro-rated rents from the closing day to the end of the month.

    4. Try to get estopple letters from the tenants. This is a letter outlining the key terms in the lease, signed by the tenant. Avoids "yeah, the lease says rent is $1000, but we agreed verbally to $500, didn't the seller tell you?"

    5. Yes. They should provide you with this sort of info.

    6. Yes, but you can't really trust what you're being told.

    Buying an occupied building doesn't appeal to me at all. A seller could just put in anyone to make it look occupied. Its not their problem to deal with a bad tenant.

  • Specialist · Victor, NY · Member since 2013 · 823 posts · 844 votes
    13y

    Hi,

    1) Yes you inherit the leases. They survive the sale and so you should review them as part of your due diligence.

    2) The month to month will survive the sale but because a sale usually takes 30 days, you could have the owner give 30 days notice now so that you take over the building empty. Whether this is a good idea depends entirely on the quality of the people currently there.

    3) Yes you will get credits at closing for the deposits held.

    4) The owner may or may not be truthful with you about the quality of the tenants. When I was active in this area, I preferred to avoid inheriting tenants because of a couple bad experiences I had. I just prefer doing my own background checks etc.

    5) Yes, absolutely normal and you should ask for proof of any claims that seems suspect to you.

    6) Quality or presence of tenats should absolutley be considered. A house with a great tenant in it will require no immediate intervention in that area so will be worth a bit more (at least to me). An empty house will require you to find a tenant will be worth slightly less. A house with a bad tenant that will require you to evict and then fill again is worth even less especially considering the potential for retaliation etc......With all that said, the tenant issue is a temporary and fixable problem so the best long term investment is to get the BEST HOUSE and then deal with tenants.

    Hope some of that helps!

    Mike

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