28 Day Notice Terminating Tenancy

28 Day Notice Terminating Tenancy

Member since 2019 · 3 posts · 0 votes

I have read through that state of WI at will tenancy termination laws:
Here

However I still have a question. Mainly,

I am closing on a property within the city of Milwaukee May 6th. I am doing an owner occupied and I am required to move in within 60 days of closing. All units are rented, with the earliest lease ending April 1st and going month to month May 1st. The seller did not want to give the tenants notice in case the deal falls through.

So, I see two possibilities here. I would like some advice on if the first one is legal (or a proper resource you guys may have for that).

Option 1:
Upon closing, May 6th, I give the tenants a 28 day notice to vacate ending June 2nd. The two day period of June I dont prorate rent, or charge them at all. 
The issue is I think the notice has to end on the last day of their rent period. Since they pay on the first.

This leads to option 2:
Give notice on May 6th (or maybe June 2nd after I get the rent) to vacate July 1st.

I know option 2 is legal. What do you guys think about option 1? I am giving them the full amount of time to vacate, but looking at the tenant's perspective, how would they find a lease starting June 3rd? They would almost need a lease starting June 1st and... effectively moving out May 31st.

Thanks!

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  • Tampa, FL · Member since 2021 · 108 posts · 68 votes
    5y

    Check with your lender, sometimes they are reluctant to lend in this situation. Not saying this will be the case for you, but theres a lot of risk here and you should verify with the lender directly. 

  • Member since 2019 · 3 posts · 0 votes
    5y

    @Ryan Talmadge

    Thanks for the suggestion, ill reach out and clarify further. But from the last time we spoke, option 2 is fine with him as I have 60 days to move in.

  • Rental Property Investor · Milwaukee, WI · Member since 2018 · 138 posts · 52 votes
    5y

    Possibly unrelated answer, but have they been long term tenants or new to this property? Is there a way to get this deal without owner occupied and keep the tenants if they will be good. Otherwise I recommend consulting a lawyer who specializes in this area so everything is done properly.

  • Member since 2019 · 3 posts · 0 votes
    5y
    Originally posted by @Jeff Stein:

    Possibly unrelated answer, but have they been long term tenants or new to this property? Is there a way to get this deal without owner occupied and keep the tenants if they will be good. Otherwise I recommend consulting a lawyer who specializes in this area so everything is done properly.

    They are all between 6 months - 1 year new to the property. The seller didn't keep a profit and loss sheet. Also, this is my first property and it is only economically feasible for me as a house hack.

  • Realtor · PInellas County Largo, FL · Member since 2016 · 902 posts · 810 votes
    5y

    Option 2 is probably best.  When I have had to get tenants out I give them as much time as possible.  I think especially in this market where rentals are tight.  Then I give a big incentive for them to go early -- whether that's pro-rated rent back, full deposits (if there's a reason to hit their deposit), or even cash for keys or paying for their move.  

    They usually go for the carrot in that situation, especially when they know there's a date the lease ends.

    I'm assuming they are reasonable people since they're renting in a place you are going to live.

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