Buying a duplex, we need to kick out one of the tenants so we can move in. How do we do this? (lease agreement, tenant)

[joeyskywalker]

First off thank you everyone on this forum, you helped me a lot with my previous question

So looks like in order to purchase the duplex we want to buy we will need to move in within 60 days. Problem is, both units are rented out. How do I go about removing one of the tenants so that we can move in?

Also, there is a upper and lower unit. We want to move into the lower unit. The basement is a common area with a washer and dryer right now, we would make it so only we can use the basement. Is there any legalities to doing that besides changing the locks?

[ChristineF]

You can't just kick them out. Have to wait until the lease is up. If it's month-to-month I believe you can just give them a notice of non-renewal. I'm not a landlord so take this with a grain of salt.

I do know that you shouldn't even be thinking about changing the locks though.....

[joeyskywalker]

Originally Posted by ChristineF

You can't just kick them out. Have to wait until the lease is up. If it's month-to-month I believe you can just give them a notice of non-renewal. I'm not a landlord so take this with a grain of salt.

I do know that you shouldn't even be thinking about changing the locks though.....

I would just change the locks for the basement, so that only I have access.

And I cannot buy the duplex without moving into it so I have to terminate the lease somehow.

[Electrician4you]

Originally Posted by joeyskywalker

First off thank you everyone on this forum, you helped me a lot with my previous question

So looks like in order to purchase the duplex we want to buy we will need to move in within 60 days. Problem is, both units are rented out. How do I go about removing one of the tenants so that we can move in?

Also, there is a upper and lower unit. We want to move into the lower unit. The basement is a common area with a washer and dryer right now, we would make it so only we can use the basement. Is there any legalities to doing that besides changing the locks?

Lol I hope you're kidding. You can't just kick someone out because you wanna move in willy nilly. What did you do get a loan for primary residence not investment property? You have to see if they are on a yearly lease. If they are you have to honor the lease agreement as it stands. If its month to month you have to give them notice to vacate. You better hope they are month to month otherwise I would squeeze you like a grape for all its worth if I was that tenant

If the common area is written in the lease as accessible to lessees then you have to keep it as a common area till the other tenant moves out ( after you remove the first tenant). Once you are the only occupant you can move close and lock up as you please. Remember amenities are important to renters. you can't just deny the remaining tenant access because you want to now make the common area yours.
No you can't just change the locks and deny access. If the lease specifically does not allow the tenants use of the laundry/basement then you can close it off but since its common area I doubt you can do what you please.

Originally Posted by joeyskywalker

I would just change the locks for the basement, so that only I have access.

And I cannot buy the duplex without moving into it so I have to terminate the lease somehow.

You can't just kick someone out without notice dude. You need to follow the guidelines/rules or you'll find yourself in front of a judge getting reamed a brand new A hole to go along with your old one.

And you can't deny access to areas that they have currently have allowed access to.

[LongtimeBravesFan]

If the upper people suddenly no longer have access to the basement and the laundry, you will soon have the place to yourself.

[rogead]

Not only would you need to terminate (buy-out?) the lease of the tenant you kick-out, but changing the terms of the other tenant's use of the basement (previously understood to be a common area) could well be a violation of your responsibility to uphold that tenant's lease.

[joeyskywalker]

Originally Posted by ChristineF

You can't just kick them out. Have to wait until the lease is up. If it's month-to-month I believe you can just give them a notice of non-renewal. I'm not a landlord so take this with a grain of salt.

I do know that you shouldn't even be thinking about changing the locks though.....

Originally Posted by Electrician4you

Lol I hope you're kidding. You can't just kick someone out because you wanna move in willy nilly. What did you do get a loan for primary residence not investment property? You have to see if they are on a yearly lease. If they are you have to honor the lease agreement as it stands. If its month to month you have to give them notice to vacate.

If the common area is written in the lease as accessible to lessees then you have to keep it as a common area till the other tenant moves out ( after you remove the first tenant). Once you are the only occupant you can move close and lock up as you please. Remember amenities are important to renters. you can't just deny the remaining tenant access because you want to now make the common area yours.
No you can't just change the locks and deny access. If the lease specifically does not allow the tenants use of the laundry/basement then you can close it off but since its common area I doubt you can do what you please.



You can't just kick someone out without notice dude. You need to follow the guidelines/rules or you'll find yourself in front of a judge getting a brand new A hole. To go along with your old one.

And you can't deny access to areas that they have currently have allowed access to.

We have to get it as a primary residence loan, so yes that is what we are doing. Both places have a lease, one for six months the other for a year.

Since I didn't sign the lease, the previous owner did, do I still have to honer the lease?

[Rabrrita]

Additionally, in some states, even if a common area or amenity was not written into the lease, its continual use by the tenants with the knowledge of the prior owner can establish it as a common area or amenity.

The standard practice in a case like this is to make the sale conditional on the lower unit being delivered free and vacant. This places the legal and FINANCIAL burden on the seller. However, if the tenant is on a month to month lease, just give the required notice as outlined in your state's landlord tenant laws and go from there. If they have a lease that will not expire until after you need occupancy, the best option you have is Cash for Keys. Pay the tenants what its worth to them to move.

You should be consulting proper qualified legal advice as there are many landmines to removing a tenant when you purchase a property.

[Electrician4you]

Originally Posted by joeyskywalker

We have to get it as a primary residence loan, so yes that is what we are doing. Both places have a lease, one for six months the other for a year.

Since I didn't sign the lease, the previous owner did, do I still have to honer the lease?

Yes you have to honor the existing lease. You can be the owner of the building but the lease is upheld. You can try to buy out the lease by asking the current tenants if they are willing to terminate the leases. You would have to offer cash etc and they may tell you to pound sand

You can try and place the burden on the seller but I doubt that will work

[jaredC]

I would buy out their lease. Ask them if they are willing to move and offer them a cash deal, say...paying the next 2 months rent on their new place? My current landlord is selling his house we have been living in for nearly 5 years. The LL asked us if we are willing to leave a month early and I said sure, just want my deposit returned early and you have a deal. He thinks its fair and so do I.