Sheriff Sale Property With Illegal Basement Occupancy

[Dalwin Garcia]

BP community! My wife and I are in need of some help/guidance.

We recently closed on a duplex through a Sheriff Sale. The 1st and 2nd floor apartments are vacant, but currently there is someone living in the basement. Illegally of course. We already approached the individual and informed him that we will not be renting to him and that he will need to go.

A few days later he went to the city and basically admitted that he has been living illegally in the basement for quite some time just to see what his options are now that there's a new owner. They told him he will need to go because his occupancy is considered illegal.

We have also made the city aware that we will not be renting to him or collecting any payment from him, we need him out. They informed us that although he knows he needs to go, if he doesn't go on his own free will we will have to evict him.

So our question is this: What kind of legal notice are we suppose to give this individual? Notice to Quit and Vacate? How many days are we technically suppose to give this individual to leave? Can we just go ahead and file for eviction immediately without giving him legal notice?

Basically we're seeking help/guidance/advice from anyone who has experienced or gone through this. Any help would be greatly appreciated! Thanks!

[Alexis Mix]

Dalwin,

This process is often highly state/city specific. Some states are more landlord friendly while others are more tenant friendly. I highly recommend you speak with professionals from your state. The experiences of your fellow investors shouldn't be taken as advice due to the uniqueness of each situation, changes in legislation over time, and individual nature of each state's and city's existing processes.

In general, any kind of written / documented notice is better than a verbal one. The fact that he has admitted to the city officials is nice and a professional may be able to use that to bolster your legal case. 

Best of luck to you, I hope the guy leaves on his own without damaging your property and saves you the hassle of an eviction!

Alexis