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Old 07-29-2013, 01:15 PM
 
5 posts, read 20,606 times
Reputation: 13

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I drew up a lease that both myself and my tenant signed. The lease will be coming to an end soon and I won't be renewing it. I plan on moving back into the house. However, as I understand it, the lease is not even valid because I purchased the house with a owner occupied mortgage loan so I wasn't allowed to rent it out in the first place.

If the tenant decides to not pay the rent and not move out of the house, is there anything I can do, or am I screwed? I know I'm already screwed, that's why I want to move back into the house, but I'm just foreseeing any possible problems.

Thanks.
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Old 07-29-2013, 01:36 PM
 
Location: Mount Laurel
4,187 posts, read 11,882,924 times
Reputation: 3512
Quote:
Originally Posted by InspiredOne View Post
I drew up a lease that both myself and my tenant signed. The lease will be coming to an end soon and I won't be renewing it. I plan on moving back into the house. However, as I understand it, the lease is not even valid because I purchased the house with a owner occupied mortgage loan so I wasn't allowed to rent it out in the first place.

If the tenant decides to not pay the rent and not move out of the house, is there anything I can do, or am I screwed? I know I'm already screwed, that's why I want to move back into the house, but I'm just foreseeing any possible problems.

Thanks.
If the lease is coming to and end, have you had discussion with the tenant not renewing? If you don't communicate with the tenant, it may go into whatever it's specified in your current lease (month to month, etc...)

You need to let the current lease run it's course.
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Old 07-29-2013, 01:55 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,505,267 times
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Exactly. Just tell your tenant that you won't be renewing the lease and do it so he has at least 30 days notice. Longer is better in order that he can make plans to move. If it gets to the point that he refuses to leave then you'll just go ahead and file eviction against him. It's likely your mortgage holder won't get wind of that but of course it's always a chance you have to take and you can always say that you didn't know you were going against their policy. Not a great excuse but it's all you have!
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Old 07-29-2013, 02:48 PM
 
16,376 posts, read 22,392,783 times
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The lease IS valid. It can be enforced in court and state landlord tenant laws still apply.

The situation of the mortgage requiring you to live there...that is between you and your mortgage company. The landlord tenant laws don't care about that and the court will enforce your lease exactly like any other rental.

You need to give your tenant written notice (certified mail) that that they need to move out by mm/dd/yyyy. Where mm/dd/yyyy is either the lease expiration date or after the lease expiration datae Make sure you follow the lease and state law as far as giving them enough days advance notice to move out (usually 30 days ).

If your tenant doesn't move out after the date given on the written notice, then you get an attorney and go forward with eviction proceedings. But you must give written notice for them to move out before you can start eviction proceedings. Email and texts don't count.

There IS a legal lease. Don't forget that.
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Old 07-29-2013, 11:01 PM
 
Location: Silicon Valley
18,813 posts, read 32,322,822 times
Reputation: 38565
Agree. Don't worry about the place being owner-occupied. No one will ever be the wiser. Plus, depending on when you moved out, you may be okay. My daughter moved out of her place and rented it out after a few years, and it was not a problem at all with FHA.

At any rate, move forward as if no one knows about the owner-occupied issue. Odds are no one will ever know.
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Old 07-30-2013, 04:03 PM
 
5 posts, read 20,606 times
Reputation: 13
Wow, thanks everyone. I had no idea. That definitely lifted some weight off my shoulders. I plan on giving them 60 days notice to give them ample time to look for a new place even though the lease states 30 days notice. I will send the certified letter like one of you recommended. Thanks again!
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Old 07-31-2013, 06:57 PM
 
1,263 posts, read 3,271,824 times
Reputation: 1904
Quote:
Originally Posted by InspiredOne View Post
Wow, thanks everyone. I had no idea. That definitely lifted some weight off my shoulders. I plan on giving them 60 days notice to give them ample time to look for a new place even though the lease states 30 days notice. I will send the certified letter like one of you recommended. Thanks again!
That's great that you're giving them 60 days notice - I'd also give them a personal call telling them to expect the written notice, that you've enjoyed being their landlord, blah blah blah. That will keep it friendly.

I doubt they'll give you problems, but keep a copy of the letter with a copy of the certified mail receipt.
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