Inheriting new tenants, last landlord didn’t stick to lease

[Josh Gibson]

Hello BP, I am closing on a duplex today. We are inheriting two new tenants.

The previous landlord worked out a deal with the tenants on one side of the duplex. Their original lease was $750 a month and somewhere down the line the new deal and updated lease states that they would get a $50 a month discount and the reason for that discount was that the tenant shall cut the grass and rake the leaves. I recently found out this week that the tenant has not cut the grass in three months and he is still only paying $700 a month.

My question is since it states in their lease that he is responsible for cutting the grass and leaves in order to get that $50 a month discount is he technically in violation of the lease? When I take it over today I’m going to have to address this. If he’s not cutting the grass that’s fine but I’m going to need to get the full $750 a month. I guess the reason I need to make sure that he’s in violation of the lease is so that I can cancel that lease because he’s in violation and write up a new lease with our name on it for the $750 a month instead of the $700 a month. Hope that makes sense!

[Theresa Harris]

Enforce the lease, but rather than giving them a discount of $50, have them pay in full and then pay them $50 if the grass is cut and the leaves raked.  You don't need those done in the winter and this way they get paid if they do it and if they don't then you can get it done.