Newbie Buying with Existing Tenants, Assuming Lease, Questions

Newbie Buying with Existing Tenants, Assuming Lease, Questions

Flipper/Rehabber · Buford, GA · Member since 2015 · 16 posts · 15 votes
I've got a good deal, off market rare duplex in my area needing light rehab, PP 160k + 20k/unit (40k total) rehab = all in 200k. Once rehabbed, it will rent for $1,000/unit. I am using hard money for part of the purchase and the rehab. My monthly interest payments for 6 months will be $1,650. Rehab should take less than 3 months. Solid ARV is 235k so will be able to cash out refi in 6 months and only have around 30-35k in the deal and cashflowing solidly.

The catch - current lease is at $700/month and is presumably month to month. I do not have copies of the leases, supposed to have those tomorrow morning. It has been mentioned that there could be a 30 day move out clause that would ensure that once the property closes, the tenants would move out within 30 days and then I could start rehab.

A few scenarios:

1. I assume the leases and let them expire and then rehab once the current tenants leave. This would be pretty much a deal killer because I'd be paying $250/month essentially to the hard money lender (current rent 700*2=1,400; $1,650/month to HM lender)

2. The unknown/perfect scenario: both tenants happily sign a 30 day move out clause (does this exist?) and leave within 30 days of purchase, I begin rehab for 3 months, have both units rented out around the 5 month mark, cash out refi at month 6.

3. Nightmare scenario: tenants refuse to leave, I have no grounds to evict. Things get nasty and I lose my a$$.

What do I need to be looking for when I have my hands on a copy of the lease? Does anyone have any experience with a 30 day move out clause when buying a rental? Is there anything else I need to be considering? 

I obviously need to see the lease and gather more information but the house is getting put on the market this weekend and if I keep dragging my feet, I'll 100% lose the deal by Sunday in this market.

I am a newbie so any advice would be MUCH appreciated.
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Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
5y

You need copies of the lease. Look for the type of contract it is, when it expires and what happens when the term is  up. Generally leases turn in to month to month contracts at expiration - but not always. 

Check your local laws to  be sure you can evict - in some areas there is no no fault evictions 

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  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    You need copies of the lease. Look for the type of contract it is, when it expires and what happens when the term is  up. Generally leases turn in to month to month contracts at expiration - but not always. 

    Check your local laws to  be sure you can evict - in some areas there is no no fault evictions 

  • Flipper/Rehabber · Buford, GA · Member since 2015 · 16 posts · 15 votes
    5y

    Thanks Mary, I should have the leases this morning. I forgot to mention the property is in Georgia.

  • Huntsville, AL · Member since 2018 · 577 posts · 864 votes
    5y

    @Tyler Evans - always better to miss a deal then be stuck with a bad one.  You have to be able to review those leases to see if this property is a feasible option for you.  

    There will always be other deals;  even in our crazy real estate market here in Huntsville, deals still show up at random times and in random places.  

  • Flipper/Rehabber · Buford, GA · Member since 2015 · 16 posts · 15 votes
    5y
    Got the leases back this morning. Both units have been month to month since June 2020 the language:

    "with the Tenant(s) having the option to continue to occupy the Premesis under the same terms and conditions of this agreement under a month-to-month arrangement (tenancy at will) with either the landlord or tenant having the option to cancel the tenancy with at least 30 days notice or the minimum time set by the state whichever is shorter."

    and later:

    Sale of Property: if the premises is sold, the tenant(s) is to be notified of the new owner, [(paraphrasing) and given contact info of new property management or repair guy]. The new owner shall have the right to terminate ONLY after providing at least 30 days' notice to the tenant(s).

    We locked in the deal, and I'll be sure to do a deal deep dive post once we have it rented out. Excited for my first true investment property!
  • Rental Property Investor · Chicago, IL · Member since 2020 · 23 posts · 21 votes
    5y

    @Tyler Evans congratulations on the new deal! I don't have much to add as it appears your lease is clear that you can cancel it. I just recently acquired my first property as well, it's an exciting time!

  • Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    5y

    @Tyler Evans. Look into any state / local Covid restrictions that might prevent you from giving tenants a 30-Day Notice to vacate. Otherwise, sounds like a solid deal.

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