Buying a tenant occupied property with a problem tenant

[Daniel Carlson]

Hello everyone!

I am a soon to be first time investor, but I have run into a problem. 

A seller just accepted the offer that I put in on a duplex in Columbus. I was able to walk through the property and everything looked okay. I have the inspection scheduled for Thursday. Everything looked good until the seller's agent provided rent rolls. One tenant has a history of not paying rent each month or just paying partial rent for a month or two months at a time. He has done this three times in the past year, but eventually pays the entire balance. It seems that he genuinely cannot afford to pay at times, but does so when he is able. His term expired in  January, but he paid his balance of over two months back- rent on January 26th. He is currently leasing month to month, but it looks like he hasn't paid for February or March. Am I obligated to inherit this tenant on a month to month basis based on the current owner's lease? If I don't accept any rent payment from him, thereby not entering into any sort of month to month contract, and I provide written notice that I do not intend to renew any lease with him, is he still protected by the eviction moratorium even though his original lease term has expired?

[Matt Ziegler]

Talk to the seller and see if you can amend your offer to include the property being vacant. If that doesn’t work give the current tenant notice of non renewal. Get them out , clean and upgrade the unit then screen and place your own resident in there.