Inheriting an Unfavorable Lease

Inheriting an Unfavorable Lease

Ian BargerPro Member
Member since 2021 · 5 posts · 0 votes

I am closing soon on my first house hack and first home ever. It is a great property in a great location, and I believe it will be a solid investment for me. I will be inheriting tenant who has been in the property for several years now and always pays rent on time. The only issue is that she is way under market rent and will greatly impact my returns for as long as she is still occupying my property. 

Her lease ends at the end of the year but she has an option to extend the lease for two more terms with only a small increase in rent which will still leave me with very low rents compared to the market. She has expressed interest in leaving at the end of the lease if she can find a house to buy but if she can't I would hate to be stuck with her for any additional terms. She is violating the lease in a few minor ways such as having two additional animals that aren't in the lease and a boyfriend who has moved in even though he is not on the lease.

I am willing to let her stay until the end of her current term this year despite these infractions, but once this term is over, I want either sign a new lease with her or find a new tenant who will pay current market rents.

So my question is, are these infractions grounds to not honor the existing lease should she choose to exercise her extension clause once this current term comes to an end? If so, do I just refuse to extend the lease and how do I go about doing that?

Thank you for any advice.

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  • Member since 2018 · 2k+ posts · 1k+ votes
    4y

    @Ian Barger The day you close introduce yourself to the tenant. Explain where to send repair requests and how to pay the rent. Then go ahead and tell the tenant your concerns about the violations of the lease. Two additional animals on the property not on the pet addendum and an additional tenant not on the lease. Tell them you are willing to write a new lease curing those violations. I would do it verbally first and if they decide not to do a new lease then give them notice to cure. I don't know the timeline in Missouri, if it is a 3 day or 5day notice to cure. You need to find the landlord tenant laws of Missouri and study them so you don't make a mistake on being a landlord. Violations of the laws can be quite costly.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Hindsight is great, but if the previous seller locked you in to a lower rate, you should have used that to either lower the sales price or get some cash back at closing.  How much is she below market rent?  and how much is she paying?  Eg $50 below market on $500/month rent.

  • Ian BargerPro Member
    OP
    Member since 2021 · 5 posts · 0 votes
    4y

    @Theresa Harris I have asked my realtor to see about having them lower the price to cover that lost rent so I am waiting to hear back on that. They are $250-300 under what I expect to get for rent so it would be a big hit. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    $250-300 is a lot.  How much are the actual rents?  If they are $800, you will likely have a turn over once you increase the rent which is fine. You should also get the lease up to date to deal with the animals and boyfriend.  If any utilities are included in the rent that may go up because of a second person living there, increase that portion of the rent accordingly.  Same with however you planned on dealing with pets.  Do you have a non-refundable pet deposit, pet rent???

  • Ian BargerPro Member
    OP
    Member since 2021 · 5 posts · 0 votes
    4y

    @Theresa Harris The current lease does not have any fees for pets. I personally will write all of my leases to include a pet fee if any are in my property. 

    So, what are my options to remedy the situation then? Do I give the option to either get the animals and the boyfriend out or to sign a new lease under my terms? If we both agree to sign a new lease, is it legal for me to just terminate the current lease? I highly doubt she will get the animals or the boyfriend out and if she doesn't, she is violating her current lease, so my understanding is that I have every right to demand she complies or signs a new lease with me, correct? 


    Thanks for the responses. 

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    4y

    The short answer is that you can probably do nothing. Their old lease transfers to you, and you must uphold it. If this was earlier in the process I would tell you to reduce your purchase price by the value of the rents that you are losing, but it sounds like you are past that. This is a good lesson to remember in the future.

    Right now your most likely options are to honor the old lease, or offer cash for keys. It is possible there is some nuance in the contract or in your local laws, but youre' limited otherwise.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    You'd have to do an addendum.  One adding the boyfriend and another adding the pets.  The other terms of the original lease (eg actual rent) have to stay the same.  If utilities are included, you can increase those based on the fact that usage increases due to two people living there.  Same as if you had written the current lease and she then wanted to get a dog.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Ian Barger  the other thing you maybe able to do if you allow the animals is to add pet rent, that  at least will increase your revenue.  Most states you can issue a cure or quit.  Also I would have a lawyer look at the lease for the terms of her renewal to see how locked in you are. 

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