 Applying for housing benefits for private rented home. How can council pay for deposit? And how much approx? |
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Tim L | Closed on new Duplex, leftover tenant lease question? |
I just closed on a property where the previous owners told me the leftover tenants lease expired July 1, 2010. Saw this lease at closing, today I told tenant I expected them out by July 1 and they showed me their copy of the lease that Shows dates from Feb 1 2010 thru July 1 2010 but also says in fine print it is a One year lease. I want/need these tenants out by the end of July since I signed up new tenants for Aug 1, 2010. Am i wrong for wanting these people out? Do I have a legal problem here or just some dead beat problem leftover tenats I DONT WANT ?
Additional Details
My business partner is a lawyer, he did the closing. We had a title search and checked all tax info, all that is clear. When the realator showed us the property he said the current tenants lease was up July 1 2010. Since we just closed I figured it was a good idea to make sure current tenants were leaving July 1, this is when the lease questiond appeared. The current tenants are already behind for Junes rent to the previous owner and have been late every month since they moved in, this is one reason I dont want them. My partner the lawyer is filling an eviction notice tommorrow. |
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Steve D
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You have problems...most likely, there is a 30 day notification clause in the lease, meaning that they don't have to be out until mid-July. Then you have the problem of them not moving on that date in which case you need to start eviction proceedings, which can take another 30 days. When leases expire, they go to month-to-month and all requirements regarding notification, etc. remain in effect. |
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lightupthesky25
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Well, you should have your lawyer friend look over the lease. It needs to be decided whether the dates on the lease, or the fine print that says one year is what's really the case.
However, if the tenants are behind and have always been late I would say to just go ahead and evict them. |
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linkus86
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It is not unreasonable to have the tenant's vacate at the end of their lease term, but you are still legally bound to the landlord tenant act of your state and I am willing to bet that the landlord must give ample notice to the tenant's to vacate as likely stated in the lease. Often this period is 30 days, not 2 weeks. If it is 30 days, you will likely have to wait until Aug. 1, or bribe the present tenants to move faster. |
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CC
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You just saw the lease at CLOSING? If you had a lawyer to do the closing (as you should have) this would never be an issue.
You can take the lease to a lawyer and have them evaluate the "small print". Perhaps the tenant can only extend the lease upon approval of BOTH parties. Perhaps they were required to give you 30 days notice that they were extending the lease. Perhaps the lease couldn't be extended if the property changed hands. It's gonna cost you $200 - $500.
And while your at it, have the attorney look into other questions, like:
Were the taxes paid up to date?
Is the property free and clear?
Were there any liens or judgments on the property, or the former owner?
Who did the title search?
Did you get title insurance?
Are there unpaid utilities from former tenants (you may ultimately be responsible for those)?
The attorney will think of a few more as well.
Good luck.
Follow up: With all due respect to your partner, a competant real estate lawyer would have caught this in the first 10 minutes. The real estate agent was probably just parroting what the seller told them, and never actually read the lease. And if we take it a step further, you should have never made an offer without looking at the lease. At this point it will be a test of wills and facts: does the tenant have the will to fight the eviction (is it worth it to them), and do you know for sure that the lease is void, which case they can counter-sue for wrongful eviction? There are state laws that may play into this as well. And one last note: times are tough for everyone. A tenant that is 30 days late may just be a timing issue with their paycheck. That doesn't necessarily make them a deadbeat. The next one could be better, or could be much worse. (I had a tenant that complained that the kitchen sink strainer broke, and he wanted me to buy him a new one. A $3 strainer).
Good luck. |
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bornanashole
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If it says it is a one year lease even if it is in fine print, then it is a one year lease. Not much you can do about it.
I am curious though, why do you want them out if you are just leasing it to someone else? Why not just keep leasing it to them? |
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~*Mama-of-Two*~
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You cant legally evict them. Quit being a jerk and make a deal with them. If they're out by July 1st you wont take them to court for late fees and past rent ( you wouldnt get much anyways since you just became the owner in JUNE) If they wanted to get a good lawyer you could be stuck with them until next February. If you really want them out you should be a little nicer. |
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