Posted by Jeff on June 21, 2007 at 08:20:19:
trespassing? No it’s not trespassing. If you let your cousin move into your house rent free and he stayed there for 30 days or more, if he didn’t leave voluntarily you would have to evict him. I’m not sure how it is in PA but most states will view a lease as a set term (i.e 1 year) and when said term has expired the lease then becomes a month to month agreement. Hope that helps.
tennant in house i’m buying - Posted by Carl
Posted by Carl on June 21, 2007 at 06:46:45:
I have settlement next week on a house in PA. There is a tennant in the house. I was told that I would have to honor the lease that the tennant has. I was given a copy of the lease and it expired 2 months ago. I was told security deposit would be transferred to me at settlement. Also any rent collected would be prorated to me at settlement.
I said I was OK with the tennant as long as they passed my background check. I’ve been trying to contact this tennant and am having problems (you know one of those people that doesn’t answer the phone or return messages).
Settlement is now next week and I still haven’t heard back from this tennant and kinda decided I don’t want them (if I can’t contact this person just for a conversation, how will I contact them to collect rent?)
Is it too late to tell the current owner to get em out of there or do I have to live with this tennant and remove him myself?
Thanks for the info
Carl
Re: tennant in house i’m buying - Posted by Rich-CA
Posted by Rich-CA on June 21, 2007 at 16:29:14:
Did the seller (owner) give you copies of the tenant’s application? The entire tenant file also goes with the property, not just the warm body.
If you want the tenant out and they are month to month, simply draft a letter terminating the tenancy. Be careful about the lead times. In CA, if the tenant has been there more than 12 months you need to give 60 days notice. In some jurisdictions, you may not be able to terminate without going to the rent control board.
I would draft the termination letter, have the seller sign it and serve it so I have a receipt of service. That gets the clock ticking. I would also insist on extending the close date, at no cost to me, until they either turn over a complete file, an app signed by the tenant so I could do my own check, or a vacant property.
Re: tennant in house i’m buying - Posted by Matt
Posted by Matt on June 21, 2007 at 12:25:36:
Tell the seller
1.No deal until the tenant has vacated
2.Get the seller to give you 2 months rent -for the rent you will miss during eviction
3.Wait for the courts to remove him in 6 mos-Pa courts ARE SLOW…
Tenant - Posted by Jimmy
Posted by Jimmy on June 21, 2007 at 07:26:43:
you need to give the tenant 30 days notice. On the day you close. give them a written notice that their tenancy will end on July 31st.
Re: Tenant - Posted by carl
Posted by carl on June 21, 2007 at 07:42:18:
And if they don’t leave, then I guess I need to file for eviction and all of that stuff.
But if they don’t have a lease, isn’t that like tresspassing on my property?
Re: Tenant - Posted by Dave T
Posted by Dave T on June 22, 2007 at 11:42:09:
You do (or will have) a lease. Even though the previous lease has expired, this tenant is a holdover tenant on a month-to-month lease.
Consult your local landlord tenant law to confirm the notification period you are required to give before either evicting the tenant or raising the rent.
As for notification, use certified mail with return receipt required so you have proof of delivery.
Re: Tenant - Posted by Anne_ND
Posted by Anne_ND on June 21, 2007 at 09:36:52:
Carl,
Please get yourself familiar with landlord/tenant laws in the state of PA. This will be important to your success.
Anne