Tenants Renting a Home I bought (Austin: real estate, renter, eviction)

[THEDANBOT]

As part of the initial contract on April 1 when the seller accepted my offer on a home in north Austin, was to allow his tenants 30 days after my closing to rent the home. So their remaining rent is now May 15 to Jun 15.

Around mid April after the offer was accepted, I called the renter and he said he would be out by the "end of the month." I said, "what's the end of the month...May 31st?" He said yes and we agreed to revise the contract, resubmit to them and sign off. Well the renter never answers his phone, never calls back and went back on his word of the end of the month to now saying June 12th during the final walk through.

He also speaks mostly Spanish and it's becoming difficult to understand if he gets what I am saying and that May 31 or June 12 or Jun 15 is not the same. I need an exact date, a signature and just a feeling that he understands everything needs to be cleared out on that date - period.

- They have no signed lease these last 5 years.
- They pay in cash and have no records.

If they don't move out, could I just start moving in to my own home?
Should I start an eviction for June 12?
If they pay in cash, how can I officially record that?

I already have keys and it's all in my name. I can wait til Jun 12th but what if they are not out yet? Do I toss their stuff out??

And my realtor could give a damn at this point - she really had no idea either what to do.

I called a real estate attorney and he said without signatures/acknowledgement, they'll have more rights too. But like I said, he never calls, texts back.

At this point, I'm desperate for them just to GO now!

Any advice???

[RoadWarrior12]

1. Get someone to translate and nail down the date.

2. Provide a receipt for each cash transaction, keep a copy for yourself.

3. Provide them with notice to vacate now. It'll take longer than June 12th, but no signed lease means they're MTM.

[THEDANBOT]

Originally Posted by RoadWarrior12

1. Get someone to translate and nail down the date.

2. Provide a receipt for each cash transaction, keep a copy for yourself.

3. Provide them with notice to vacate now. It'll take longer than June 12th, but no signed lease means they're MTM.

Translating isn't the issue. I can get a document online and translate it using Google. No worries -will they read it and sign it and give it back? Not likely so far.

But my contract says to vacate 30 days after closing but they don't know when I closed. Nor do they get back in touch to find out. So can it be EFFECTIVE May 15th even if it's delivered AFTER? Not my fault the guy is never home!

If they stay MTM come Jun 30th, they'll be my room mates!

[atxcio]

The Austin Tenants Network are a good resource, both for renters and landlords.

Also call the local (or at least Texas) office of the National Tenant Network (a landlord resource site) NTN Local Offices . I use them for screening, but they also seem willing to answer questions when I call.

If you *just* closed in the last few days, and you financed the property, you could also try contacting the title company to get your realtor in line. You might also call the realtor's employer to get some assistance. IMO, they dropped the ball -- any signed leases, deposits, partial rents, etc should have been taken care of at closing. You realtor was supposed to be your advocate, and there is no way they should have let you close on a place with a verbal lease and no documentation.

[RoadWarrior12]

You are not understanding how tenancy and being a landlord works in Texas.

What "contract " is there? Who signed this?

Have your tenants been provided an official notice to vacate?

When did they last pay rent, and to whom?

[THEDANBOT]

Originally Posted by atxcio

The Austin Tenants Network are a good resource, both for renters and landlords.

Also call the local (or at least Texas) office of the National Tenant Network (a landlord resource site) NTN Local Offices . I use them for screening, but they also seem willing to answer questions when I call.

If you *just* closed in the last few days, and you financed the property, you could also try contacting the title company to get your realtor in line. You might also call the realtor's employer to get some assistance. IMO, they dropped the ball -- any signed leases, deposits, partial rents, etc should have been taken care of at closing. You realtor was supposed to be your advocate, and there is no way they should have let you close on a place with a verbal lease and no documentation.

Your last paragraph - EXACTLY!! They totally left me hanging. Now she is off having a family vacation celebrating a graduation instead of helping me close the loose ends of the deal. I feel betrayed and left hanging as this should have been taken care of before closing. I'm not a landlord or lawyer and have no idea or money for this extra work.

[THEDANBOT]

Originally Posted by RoadWarrior12

You are not understanding how tenancy and being a landlord works in Texas.

What "contract " is there? Who signed this?

Have your tenants been provided an official notice to vacate?

When did they last pay rent, and to whom?

Contract = the paperwork for the offer between me and the seller (landlord)

I'm trying to provide THEM (the renters) notice to sign off on and they (the renters) know the property was sold to me but this whole language barrier and never communicating back is killing me.

They paid the previous owner for a half month rent for May 15th - 31st of $450.00

[RoadWarrior12]

Originally Posted by THEDANBOT

Contract = the paperwork for the offer between me and the seller (landlord)

I'm trying to provide THEM (the renters) notice to sign off on and they (the renters) know the property was sold to me but this whole language barrier and never communicating back is killing me.

They paid the previous owner for a half month rent for May 15th - 31st of $450.00

Tomorrow you send a certified letter to the address, copies in Spanish and English that they are to vacate the property within 60 days. The contract between you and the seller does not extend to your tenants.

Then GO there with someone who speaks Spanish and get answers from the tenant

[atxcio]

Originally Posted by THEDANBOT

Your last paragraph - EXACTLY!! They totally left me hanging. Now she is off having a family vacation celebrating a graduation instead of helping me close the loose ends of the deal. I feel betrayed and left hanging as this should have been taken care of before closing. I'm not a landlord or lawyer and have no idea or money for this extra work.

Well, not completely letting you off the hook here -- there should have been some red flags you noticed. When you are buying a home that is currently an investment property: you need to realize there is going to be some extra administrative work required on your end. You should definitely get ALL documentation, even if it is a 5 year old lease that has been continued month to month, you need the document. And the security deposit. What if they decide to take your appliances with them when they leave? What if they say those belonged to them, instead of the previous owner? What if they trash the place? Don't mean to scare you, hopefully things work out... Your realtor should have seen those red flags and advised you for sure, but some things should have set your own alarm bells off.

Anyway, get in touch with the places I recommended, sound the alert to the realtor's company and title company and see if you can get some help. If you end up needing to hire a real estate lawyer for a few hrs, find the money somehow. It will be worth it to straighten things out rather than have a prolonged, more expensive issue.

[THEDANBOT]

Originally Posted by atxcio

Well, not completely letting you off the hook here -- there should have been some red flags you noticed. When you are buying a home that is currently an investment property: you need to realize there is going to be some extra administrative work required on your end. You should definitely get ALL documentation, even if it is a 5 year old lease that has been continued month to month, you need the document. And the security deposit. What if they decide to take your appliances with them when they leave? What if they say those belonged to them, instead of the previous owner? What if they trash the place? Don't mean to scare you, hopefully things work out... Your realtor should have seen those red flags and advised you for sure, but some things should have set your own alarm bells off.

Anyway, get in touch with the places I recommended, sound the alert to the realtor's company and title company and see if you can get some help. If you end up needing to hire a real estate lawyer for a few hrs, find the money somehow. It will be worth it to straighten things out rather than have a prolonged, more expensive issue.

All the appliances are their own so they wont stay.
There is no security deposit.
There is no lease agreement/documents.
There is a lot of problems with the house - I bought it for $120,000 (3 bed 2 bath) in North Austin so it's a fixer for sure so can't really destroy crap!
They want to leave but don't know how, where and when.

I'll be contacting a lot of people soon about the next steps. (exhausted)