Notice to vacate property. Please help

[Anonymous]

I have a closing date set for 11/16/09, perhaps earlier. Property is a duplex and tenants occupied. The lease is verbal, month to month. Is it possible at this point to ask the tenants to vacate by the end of 11/09? The seller will not tell the tenants in the unit where I will be moving in to leave(his reason: incase things falls through at closing). I forgot to put this request in the offer.

This is what I came up with so far; I offer the seller another $1000 that he can keep if I walk away (I have no intentions of walking away)...still waiting to hear back from his agent.

I also offer to paid $400 to help cover the tenants moving cost and give her deposit in cash on her moving day.... if she moves out by the end of nov. What else can I do? Any help is appreciated.

[Jazzzy]

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prime44 wrote:

I have a closing date set for 11/16/09, perhaps earlier. Property is a duplex and tenants occupied. The lease is verbal, month to month. Is it possible at this point to ask the tenants to vacate by the end of 11/09? The seller will not tell the tenants in the unit where I will be moving in to leave(his reason: incase things falls through at closing). I forgot to put this request in the offer.

This is what I came up with so far; I offer the seller another $1000 that he can keep if I walk away (I have no intentions of walking away)...still waiting to hear back from his agent.

I also offer to paid $400 to help cover the tenants moving cost and give her deposit in cash on her moving day.... if she moves out by the end of nov. What else can I do? Any help is appreciated.

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Wow...quite a pickle.

You know that the tenant can only get notice from her landlord....so, this is totally up to him. He may take your $1k offer. Then the tenant must accept her early move-out offer. If one of them doesn't accept, there's not much you can do. (Don't pay the landlord the $1k if you don't have written acknowledgement from the tenant that she also accepts and agrees to move early.)

Are you in a place you can stay until the end of the year? A 30-day notice in my state runs from the date the rent is due. In other words, if you close on Nov. 16th, depending on your state statutes, you may not be able to give her notice to move on Dec. 16th. Even if you give notice immediately upon closing (which you should do), that notice may have to include all of December.

Unfortunately, I don't think there are other answers. Did you have a buyer's broker representing you during this offer?

[Anonymous]

Is the tenant aware the property is being sold? I would think she'd be a lot more cooperative if she knows what is going on than she would if it were just sprung on her.

[hawkeye33]

Honestly, though, do the advance notice rules apply to an undocumented month-to-month rental agreement? It seems illogical that the current owner can initiate the process of selling the place but not give notice to the current tennant evan after a contract is in place with a specified closing date. I do understand, from their perspective, not wanting to lose a tennant if things fall through at closing. However, if this is the case, maybe they should be getting a formal, written month-to-month rental agreement with the tennants.

And if I'm a tenant ANYWHERE under ANY circumstances, I would fully expect to get screwed if i had nothing in writing that specified the terms under which my rental agreement could be terminated and the amount of advance notice I should expect.

It just doesn't seem that you should be in the business of throwing additional money at the current owner. That seems like throwing money away. My $0.02. Good luck.

[kai_1103]

I think its different in every state, but as far as I know a month to month requires 30 day notice from the landlord, and the agreements convey with the sale of the property.  So once you own it, you send an official 30 day notice.  Then you will need to give the deposits or whatever back.  I would recommend getting a real estate attorney to handle it if you anticipate any trouble- or maybe just no matter what.  If I were you, I would rather pay an attorney $1,000 to take care of it and it be done right.  if they don't leave, you are dealing with court and police, etc. etc.  Better to take care of it the right way first time around.

Good luck!!

[Jazzzy]

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@hawkeye33 wrote:

Honestly, though, do the advance notice rules apply to an undocumented month-to-month rental agreement? It seems illogical that the current owner can initiate the process of selling the place but not give notice to the current tennant evan after a contract is in place with a specified closing date. I do understand, from their perspective, not wanting to lose a tennant if things fall through at closing. However, if this is the case, maybe they should be getting a formal, written month-to-month rental agreement with the tennants.

And if I'm a tenant ANYWHERE under ANY circumstances, I would fully expect to get screwed if i had nothing in writing that specified the terms under which my rental agreement could be terminated and the amount of advance notice I should expect.

It just doesn't seem that you should be in the business of throwing additional money at the current owner. That seems like throwing money away. My $0.02. Good luck.

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Yes, they do in our state. An "undocumented" rental is simply a month-to-month lease.

[Anonymous]

as long as the owner disclosed that it was currently a rental, than this issue should have either been part of the negotations on your part, or you have to give the tenant time to move out as decided by both local laws, and any legal tenant agreement he had (and often these require anywhere from 30-60 days notice and that time can often start from rent due date, not notice date.

It is prefectly reasonable for the owner not to evict a tenant until a deal is closed if the property was a rental unit for him.  The owner should have informed the tenants the place is for sale, and that is highely likely anyway or how could ou show the unit.

[GregB]

I am missing the logic of buying rental property and then trying to get a good tenant to move out. You would probably be paying a higher price for a unit with tenants in place. Why don't you continue to rent to them as long as they wish and then decide if you want to move into one if it becomes vacant?

A building with NO tenants would sell for a better price.

Is there something special about this one?

[hawkeye33]

I'm pretty sure the OP intends to purchase and occupy as their primary residence. I don't think they're looking at it as an ongoing rental property.

[Anonymous]

Thanks for all the responds!

Yes, I am working with an agent. She Screwed up by not including this in the initial offer. kinda my fault too.

Yes, I am currently renting.

Anyway. My intention from the start was to reside in one unit and rent out the other unit. I don't anticipate any problem asking the tenants to vacate the property 30days from closing(11/16), It will be very difficult taking time off from work after 12/12(holidays)... Health care worker. hopefully they will accept my offer.