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#1
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If you buy house with tenant?
Do you have to let them keep renting? or can you buy house and live there ?
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#2
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"Rocky Bing" wrote in message ... Do you have to let them keep renting? or can you buy house and live there ? It may vary depending on the state, but as far as I know: If the tenant has a lease, he/she/they have to be allowed to stay at the price/terms specified in the lease until the date the lease expires. In other words, if they are currently paying rent of $800 and using the garage and they responsible for mowing the law and have the lease thru Dec 2005, then you have to allow them to continue paying $800, using the garage and they will mow the lawn until Dec 2005, you can't decide that the rent will be $1000 and you can use the garage. If the tenant does NOT have a lease, you can a. raise the rent or b. make them move out as long as you give them the legally mandated (depending on your state) 30-60-90 or whatever # of days notice. |
#3
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On Thu, 30 Sep 2004 20:44:48 -0400, someone wrote:
Do you have to let them keep renting? For now. or can you buy house and live there ? Eventually. You may not be ready to get into this yet. Ask your lawyer to explain the details based on the specifics of the individual situation. -v. |
#4
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Be careful with this. We bought a house that had a tenant. The people were
building a house and only expected to be here another few months. We bought the house 12/31. They paid Jan.'s rent fine. Feb. came and the rent check was 1/2 what it was supposed to be. The reason: They had started deducting the security deposit. Same for March. They moved out at end of March. We protested but short of going to court there was nothing we could do. They had violated their lease by having a dog. The damages were not large but they didn't show up right away, either, and I had no proof they were responsible. We could have sued in small claims court but it wasn't worth the trouble. By all means, see a lawyer before committing. Try to head off any problems. Dorothy |
#5
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On 10 Oct 2004 11:26:16 GMT, someone wrote:
Feb. came and the rent check was 1/2 what it was supposed to be. The reason: They had started deducting the security deposit. Same for March. They moved out at end of March. There is often a disconnect between what somebody is "supposed to" do, and what they actually do. Especially in LL/Tenant relations! The tenant thinks, what are they gonaa do - by the time they get to court, I'll be gone.... I used to be a landlord. I choose not to be right now, though I might again in the future. To OP, don't be one unless you want to be, and don't regard it as trivial because you think its "just" for a short period. What if its not? What if they don't leave when they werew supposed to? What if, what if. Especially don't do it merely for the mortgage payment amount! -v. |
#6
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On Fri, 01 Oct 2004 01:57:38 GMT, "Tracey"
wrote: "Rocky Bing" wrote in message m... Do you have to let them keep renting? or can you buy house and live there ? It may vary depending on the state, but as far as I know: If the tenant has a lease, he/she/they have to be allowed to stay at the price/terms specified in the lease until the date the lease expires. In other words, if they are currently paying rent of $800 and using the garage and they responsible for mowing the law and have the lease thru Dec 2005, then you have to allow them to continue paying $800, using the garage and they will mow the lawn until Dec 2005, you can't decide that the rent will be $1000 and you can use the garage. If the tenant does NOT have a lease, you can a. raise the rent or b. make them move out as long as you give them the legally mandated (depending on your state) 30-60-90 or whatever # of days notice. I would suggest making it part of the purchase agreement that the seller will have the tenant vacated by closing date, absent a lease as above. Though a well-written lease for a rented house should always specify that the lease may be cancelled by the owner if the house is put on the market and sold, usually offering some sort of "sweetener" to the tenant such as rebating the last month's rent or some such to make it less one-sided. In California at least, selling a property is considered a legitimate reason to terminate a rental agreement and evict if necesary, giving proper notice of course (Note: I am not a lawyer, verify this before you lean on my suggestions or be it upon your own head.) Anyone who rents out property and *doesn't* get a lawyer to vet the agreement (*Never* use a "standard" form unless you are 100% sure it's been worked over by a lawyer and does what you want it to.) to make sure it has things your way, desrves the surprise party usually held at his or her expense years down the line when the tenant don't wanna move and it turns tou you can't make 'em. ;0 Jim P. Jim P. Unless you are buying the place as a rental property, let the current owner have the heartache,headache and possible legal ache of getting the tenant out before you take possesion, it'll save you a world of hassles and possible costs later on. |
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