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Old 08-16-2011, 08:12 AM
 
446 posts, read 862,765 times
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I have several calls in to realtors and attorneys on this, but would like some first-hand insight if anyone has some...

I own a property and used a management company to rent it out. I have a contract with the management company; the renters have a lease with the management company. Due to problems, I am ending my contract with the managment company. I also do not want to keep renting the property and need to sell for financial reasons.

Since I personally do not have a lease with the renters, I assume they would need to re-sign a new lease with me IF I was going to keep the home. Since there is no signed lease with me, does it automatically go to a month-to-month? Therefore I'd legally need to give them a 30-day notice to vacate the property?

I have read that if they have a lease to live in the home, I have to legally respect their lease and they have the right to stay in the home, even if I sell it. But I do not have a lease directly with them; their lease is with my property manager, who I am firing. I am also trying to sell to an owner/occupant, not another investment company who would rent it out.
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Old 08-16-2011, 08:40 AM
 
Location: St Thomas, US Virgin Islands
24,673 posts, read 32,843,624 times
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I believe your tenant's lease has to be honored even if you fire your property management company in the same way in which, when you sell the property, the new owners are obligated to honor that same lease. You can certainly offer them a buy-out deal incentive to effect an early termination of the lease.

I'm not a lawyer and maybe someone else has better information. Good luck!
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Old 08-16-2011, 12:27 PM
 
4,919 posts, read 12,489,166 times
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Quote:
Originally Posted by CristenS View Post
I have read that if they have a lease to live in the home, I have to legally respect their lease and they have the right to stay in the home, even if I sell it. But I do not have a lease directly with them; their lease is with my property manager, who I am firing. I am also trying to sell to an owner/occupant, not another investment company who would rent it out.
Ditto what STT said....
Couple things to understand real quick
1. The lease remains in effect until it reaches it's expiration. The lease is covered by laws that over-ride real estate purchasing laws.
2. When you hire a PMC they are your agent acting on your behalf, if you fire them, you become responsible. The only exception is if they just upped and rented the place and you had no idea what was going on. For what its worth, even if the PMC agreed to something witht he tenant such as cuttingt he rent in hald and they legally executed the agreement, your on the hook.
3. Once the lease is signed, it makes no diffrence who the new owner is.
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Old 08-16-2011, 01:01 PM
 
893 posts, read 2,194,768 times
Reputation: 1833
Change of property ownership does not void a lease.

I think the lease could only be voided (apart from obvious reasons) if the property goes into foreclosure.

Just wait them out, and give them X# of days notice to vacate as stated in your lease (generally 30 or 60 days).

Or make it rain money on them to convince them to move out.
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Old 08-16-2011, 01:09 PM
 
Location: Martinsville, NJ
6,013 posts, read 7,736,524 times
Reputation: 3717
Quote:
Originally Posted by CristenS View Post
I have several calls in to realtors and attorneys on this, but would like some first-hand insight if anyone has some...

I own a property and used a management company to rent it out. I have a contract with the management company; the renters have a lease with the management company. Due to problems, I am ending my contract with the managment company. I also do not want to keep renting the property and need to sell for financial reasons.

Since I personally do not have a lease with the renters, I assume they would need to re-sign a new lease with me IF I was going to keep the home. Since there is no signed lease with me, does it automatically go to a month-to-month? Therefore I'd legally need to give them a 30-day notice to vacate the property?

I have read that if they have a lease to live in the home, I have to legally respect their lease and they have the right to stay in the home, even if I sell it. But I do not have a lease directly with them; their lease is with my property manager, who I am firing. I am also trying to sell to an owner/occupant, not another investment company who would rent it out.
Their lease is almost certainly with you, the owner of the property. The property manager is simply your AGENT. Unless you rent the property to the management company and they sublet it, which I highly doubt.

You can sell the property with tenants in it. Obviously you disclose to any potential buyers what the terms of that lease, and you make arrangements with the tenant to allow showings of the property with reasonable notice, etc. In most cases, the new owner will be obligated to honor the lease, with an exception (in NJ at least) in the event the buyer wants it as a personal residence and not as an investment.
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Old 08-16-2011, 01:18 PM
 
Location: The Triad (nc)
19,426 posts, read 30,425,190 times
Reputation: 17040
Absolutely convert their lease to a 30 day tenancy as soon as you can but don't be too quick to boot a steady paying tenant.
1) There is no telling how long it might take to actually find a buyer and get to settlement.
2) Many (most?) buyers today are investors... many of whom might be quite happy to have a built in tenant.
(under certain specific circumstances)

When (if) you have a real offer... deal with the tenants then.
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Old 08-16-2011, 06:57 PM
 
Location: NJ
17,579 posts, read 24,707,977 times
Reputation: 15566
Quote:
Originally Posted by MrRational View Post
Absolutely convert their lease to a 30 day tenancy as soon as you can but don't be too quick to boot a steady paying tenant.
1) There is no telling how long it might take to actually find a buyer and get to settlement.
2) Many (most?) buyers today are investors... many of whom might be quite happy to have a built in tenant.
(under certain specific circumstances)

When (if) you have a real offer... deal with the tenants then.
I'm not sure "many" or "most" buyers today are investors.
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Old 08-16-2011, 07:19 PM
 
Location: at the end of a dirt road
3,077 posts, read 2,161,356 times
Reputation: 2201
If this is a multi-unit rental property then there is a good possiblity that the first question a potential buyer will ask will be what the occupancy rate is. The second will be how long the current tenants have been there.

If it's a single family that was rented for some other reason then it makes no difference whether there are tenants or not if it is being sold as a home.
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Old 08-16-2011, 08:13 PM
 
1,378 posts, read 2,091,765 times
Reputation: 1641
I'd ask the renters if they want to buy the place.
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Old 08-17-2011, 07:08 AM
 
Location: Bourne, MA
30 posts, read 59,622 times
Reputation: 37
Quote:
Originally Posted by LongtimeBravesFan View Post
I'd ask the renters if they want to buy the place.
Ditto!
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