Evictions for non-paying renters who refuse to sign affidavit

[Mark K.]

Can we evict our tenants if they refuse to sign the hardship affidavit? We have not received rent from them for 4 months. We left them the affidavits to sign but they never sent them back to us or mentioned it when I stopped by. We are looking at ways to evict or possibly just sell-so they other question then becomes how hard is it to sell a rental with non-paying renters? If we do then we would want to 1031 exchange into another property. If we do that does that property need to be picked out in advance of listing? We would rather not sell but the situation is getting out of hand. Thanks!

[Aaron Poling]

I would recommend dealing with the tenants before selling. If not you will be giving a large discount for the buyer to deal with the issue. I suggest speaking with a real estate attorney in your area, and then following the guidelines exactly to obtain an eviction. You may also want to reach out to some local property managers to see how they are dealing with the same situation. Good Luck, Aaron