How to evict tenant when buying a new property.

[Faithful Retrievers]

Anyone have any dealings with getting a tenant evicted prior to buying a piece of property? I am closing on a group of homes and have found that one of them has a problem tenant? My attorney has advised to pend the closing on the property being vacant. This could take 30 days, does anyone know anyway to get someone out a little quicker? Everything I have looked up was to pay them to leave promptly and peacefully. I am not closing until the tenant is out, just would like it to be sooner than later.

[Buckwabit]

The property owner should have the rights to evict them after they have been informed of the Date. I don't know how the Screwed up court system works though....

[deltadukman]

Ive got a feeling that they have 30 days after a notice, wether it be from the current owner before the sale, or from you after the sale. Just make sure you have your bases covered. Dont want to have a wrongful eviction suit. I would put all the liability on the current owner to get them out. More money to him the quicker he gets it done. Sale pending of course.

[gps4]

Is there a written lease agreement in place?

When does it expire?


Has the tenant done anything to breach the lease?

[Northbigmuddy]

Who was on here with the pesky college kids in starkville partying next door?

Pay those kids to go stay next door for couple of nights and maybe the tenants will move out on their own.

[Faithful Retrievers]

No written lease and tenant is behind on rent. I am sure I could come up with illegal drug activity if I looked hard enough. Apparently she got her a live in ninja and she went down hill.

[fireplug]

Triple the rent when you take over. All leases should be null and void after the property ownership changes I would think. If you triple the
rent they will, as Mitt Romney would say, "Self Evict".

[ACEINTHEHOLE]

Triple the rent when you take over. All leases should be null and void after the property ownership changes I would think. If you triple the
rent they will, as Mitt Romney would say, "Self Evict".

Negative, she will just continue to not pay. Eviction is unfortunately not quick even if the renter is not holding up their end of the deal. Seems like sometimes the renter has more rights than the owner.

[Denduke]

The owner needs to check rental agreement for violations. Past due rent is reason to evict. The owner needs to give 3 day eviction notice. If not out file eviction at JP court. Judge will order out, garnish wages for rent owed. Sheriff dept. will supervise their leaving and lock da door. A property manager or the owner's gotta do it. Court date is problem but the 3 day notice usually will do it or summons will. My experience my judge don't like free loaders....He offered to garnish, I just wanted'em out. Promises work threats/tactics don't. Ifin your judge is for da slack tenant he's prolly a presidential candidate.....Good luck..

[Hambone]

You can't evict the delinquent tenant if you don't have ownership of the property. I agree with your attorney's advice not to close until the eviction is over.

I would urge you to disregard the previous advice that "all leases should be null and void after the property ownership changes."

[jacksbuddy]

You can't evict the delinquent tenant if you don't have ownership of the property. I agree with your attorney's advice not to close until the eviction is over.

I would urge you to disregard the previous advice that "all leases should be null and void after the property ownership changes."

^^^^^What he said. Keep us posted on the upcoming fireworks. Oh, and pass the popcorn.

[matador1]

Do you have the cash flow to pay them to leave? Might be the quickest way. Explain to them that you are going to take the steps to evict them once you own the property but are willing to hep them relocate if they will hep you expedite the process.

[Long Duck Dong]

I would say 30 days is pretty optimistic. I used to do tenant removals for a bank who had a problem with homeowners refusing to leave their property after a foreclosure. You have to file a Complaint for Removal in Justice Court. Then you have to get a court date and have the person served. It would usually take several weeks to get a court date. Then, when you got to court the Judge would still give the person 10-15 days to get their stuff out of the house. At the end of the 10-15 day period if they still haven't left, you have to get the Sheriff's Department to go to the house and physically start putting stuff out on the street. It usually took a good 6 weeks to get the stubborn ones out.

[flyhi2]

If you were working in a flower bed and happened to hit a water line, it could take weeks to get it fixed. Or you could have some electrical issues that need resolving real close to that unit. This could take a while since you are a new owner and trying to save money by doing it yourself.

[Faithful Retrievers]

I learned a while back over a commercial piece I tried to buy that had a 5 year contract in its third year that I had to honor the contract in MO. That's why I wanted owner to clean up his mess. I'm buying them short sell to keep bank off him so he is motivated. I tried talking to her and I can't garnish a welfare check only pay check which she doesn't have. Ain't that some caca. She filed a complaint with city like that matters so I'm thinking having the city manager go by tell her it's to be torn down and sit my dozer on the front lawn tell her ill be by in the next few hours to start clean up. There is no contract she is basically squatting but you still can't legally force her out physically. The rest are all good properties an its not a pick and choose or I would say heck with it. It's these situations that make this not worth it sometimes. Even if you have to sit on them sometimes its worth it to get a good tenant. One bad one can eat any equity you thought you had and the law works in their favor. It's at least 20 days and 400 bucks to have them evicted legally.