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How to get tenant to move out



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amother
Tangerine


 

Post Thu, Sep 07 2017, 10:35 am
A year and a half ago we bought a 2-family intending to convert it to a 1-family. Where I live houses are cheap, and double blocks are the cheapest houses there are.

When we bought it there was a tenant with a year left in their lease. We made it clear when we moved in that our intention was to move in to the other side when the lease was up.

Well it's 18 months later and they're still there. They claim they're trying to buy a house and this one and that one fell through. We have been patient but now we really need the space. (Not that it matters but they're not Jewish, it's a family with 3 children.) I really don't want to go the eviction route because that's expensive for us and I can't risk not getting rent AND having court costs AND not having the space. I want them to leave peacefully. This is a very low cost area and there are plenty of apartments available. I understand they don't want to move twice when they're planning to buy a house but at this point it's not my problem.

If anyone has been in this situation and has advice/support id like to hear from you!
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penguin




 
 
    
 

Post Thu, Sep 07 2017, 11:34 am
Offer an incentive e.g. we understand you don't want to move twice so we'll pay your moving costs (either once or twice).
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redheaded




 
 
    
 

Post Thu, Sep 07 2017, 12:02 pm
We will pay your moving cost if you leave in 2 months.
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watergirl




 
 
    
 

Post Thu, Sep 07 2017, 12:05 pm
Was the agreement in writing that the lease would not be renewed when the inital term ended? If not - you said that you dont want to go the eviction route. But lets say you did want to evict - on what grounds would you have? I dont think evictions work like that.
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sequoia




 
 
    
 

Post Thu, Sep 07 2017, 12:14 pm
Yeah, you have no reason to evict them. Unless the law is really different where you live.
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amother
Tangerine


 

Post Thu, Sep 07 2017, 12:15 pm
watergirl wrote:
Was the agreement in writing that the lease would not be renewed when the inital term ended? If not - you said that you dont want to go the eviction route. But lets say you did want to evict - on what grounds would you have? I dont think evictions work like that.


We did not renew the lease when it was up. If the lease is not renewed it goes to month-to-month. We already told them 6 months ago they need to move out. They have plenty of notice. So far I haven't put it in writing because I don't want a court fight. I just want the space for our own use.
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watergirl




 
 
    
 

Post Thu, Sep 07 2017, 12:23 pm
amother wrote:
We did not renew the lease when it was up. If the lease is not renewed it goes to month-to-month. We already told them 6 months ago they need to move out. They have plenty of notice. So far I haven't put it in writing because I don't want a court fight. I just want the space for our own use.

If you dont put it in writing, then what do you expect? I rent. I'd assume that I'm still welcome to stay if its not been written out and delivered.
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MagentaYenta




 
 
    
 

Post Thu, Sep 07 2017, 12:44 pm
amother wrote:
We did not renew the lease when it was up. If the lease is not renewed it goes to month-to-month. We already told them 6 months ago they need to move out. They have plenty of notice. So far I haven't put it in writing because I don't want a court fight. I just want the space for our own use.


I don't know where you live but I was in a similar situation when we moved to the country. The property had a small rental that was occupied. State law here says when the property changes hands the old lease is no longer binding since the old owners no longer have title to the property. We gave them a written 30 day notice as soon as the property closed.

Have you gotten any legal advice regarding how to handle this?
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amother
Seafoam


 

Post Thu, Sep 07 2017, 1:04 pm
amother wrote:
We did not renew the lease when it was up. If the lease is not renewed it goes to month-to-month. We already told them 6 months ago they need to move out. They have plenty of notice. So far I haven't put it in writing because I don't want a court fight. I just want the space for our own use.


You didn't put the non-renewal in writing? That might be worth the paper its written on -- ie, the lease may have renewed.

Or not. But if not, it probably went month to month.

You need to put things in writing.

But in terms of getting them out? Cash. Don't offer moving expenses -- its too amorphous. Don't offer a month of rent -- what happens if they don't move. Offer them Money. You move by October 31, we give you $500.
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