how can I get rid of tenants in a house I own and want to sell?

Question

I am in LA.
I have a house that has a tenant whose lease is up. She has paid every month no problem. Since she moved in she has two roommates who help her with the rent, neither who have signed on the lease. My question is if I sell the house what legal problems might I have from these people who have not signed a lease with me. I am getting mixed messages from people. Someone told me that if the original person leaves the new roomates can stay and get the utilities in their names and squat ...

Answer 1

If the lease is up, you can give notice now to leave the premises, to lessee and roommates. And if you want her to stay until you sell the house, just write up a month-to-month agreement until sold. And no, you can easily stop the roommates from getting utilities and squatting, you are the owner.

Answer 2

If you have a lease with the original tenant that requires all new tenants to sign the lease, and you never enforced it, and they have paid rents, and you have accepted the rent, THEY ARE NOW LEGAL TENANTS.

If you accept rent from a tenant in sufferance, they become a legal tenant. These tenants have no lease, and not agreement with you for month-to-month tenancy, so they are called tenant in sufferance.

However, you can remove them from the property as if they are month to month.

If your lease with the original tenant is about to laps, then draft a month-to-month tenancy contract. In contract inform the tenants that you are going to be putting the house on the market, and they agree to vacate the premises with 30 days notice. This will cover all bases.

Finally, be nice. You don't want to be a jerk with a tenant you want something from. If you are nice you can get what you want.

An aside, I'd suggest you try to sell it to the tenants. Sell it for the market value in 3 years. Do a lease option for those 3 years and cast part of the rent as a down payment if the exercise their option. Require them to exercise their option in 3 years.

Part of the contract will require them to pay for all repairs (after all they are purchasing it) but they have to notify you of the problem, you will do the repairs and charge them for the cost.

I have found this to work excellently. It is a good way to flip houses and actually get more than the market value of the property. Remember, you are casting only part of the rent as the down.

Now if they don't exercise the option in 3 years, the money is counted as regular rent on you income tax return.

Good Luck

Answer 3

I don't know the law in LA but here in NH if someone isn't on the lease then they have no legal rights what so ever. If you want her to stay till house is sold change the lease so that she pays you weekly instead of monthly by doing that you only have to give her a week notice instead of a month notice to leave the house. I do know that if her buddies do any damage what so ever to the property that you can sue them without suing her if needed. You can also write up the lease that she has to have written permission to have roommates live with her. If you agree with them staying then you need to get all there info that you need from them just like you did with her. Don't let them stick it to you at the end lots of people do! Good Luck

Answer 4

I suggest you have these people removed for trespassing right now if they are not on the lease. Or offer to draw up a new lease (for the time remaining on the existing lease) with all names on it. Once they sign that, they clearly have to leave at the end of the lease. Just don't tell them why you are doing it.

If you sell the house, the lease will transfer to the new owners. If the lease ends, all inhabitants will have to leave. If these people try to squat, then that would be the new owner's problem.

Answer 5

Generally, once a person's lease ends, they proceed as a month-to-month tenant. A month to month tenancy terminates with 30 days notice from either party, so you can likely allow your tenant to live there until the house is sold. The new owners may want to keep the tenant, so you should probably check with them before you give a 30 day notice to vacate.

As for the roommates, you probably can't do anything to get rid of them for not being on the lease since you've known of their presence, accepted rent from them and haven't asked them to leave. This is called estoppel. For the moment, they're probably treated as month to month tenants as well. You may give them a notice to vacate as well, which they must do. If they refuse, you may file a forcible entry and detainer action against them (an eviction) to make them move. If they refuse, a law enforcement officer will forcibly make them go.

As for their "squatting", this is simply another name for a trespasser, which these people wouldn't be if you've accepted rent from them. Treat them as tenants and if they don't go, evict them.

Answer 6

they have not signed a lease. THEY basically have no legal action to take!!! tell the current legal tenant u are putting the house up for sale. and when it sales, it is her responsibilty to move in a timly manner and to get the others to do the same. they have no legal say so. her lease is up. just give her a heads up and everything is ok. explain that no one else is on the lease so if anything happens to the house between the time u tell them and the time they move, she is held responsible. ITS ok. Go 4IT. If they're names isnt reated to the house, they have no rights.

Answer 7

Depending on which state you live in, but here in Minnesota, your names not on the lease, its like if you don't even live their, just don't let them resign any new lease. Its also your choice if you allow her/him to sublease to these other people, than they can live their till the lease is up.