Tenant won't sign lease.

[rracm]

What is the name of your state? Minnesota

I recently purchased a duplex and one of the tenants is refusing to sign a lease agreement. They did not have a signed lease with the previous owner, or anything in writing. They have been at the premises for 13 years. They also are refusing to pay the new increased rent instead they are only paying the old amount. I have handed them the new lease in person and sent it via certified mail. I have let them know in person and via mail that the rent has increased. At this point, it wouldn't cause me grief to see them go. What can I do? Do they have a leg to stand on? Thanks!

 

[ENASNI]

Hi!
Why don't you look through this and see if it answers your questions.
Come back with specifics if it does not.

http://www.revisor.leg.state.mn.us/stats/504B/

 

[south]

You can start by giving them notice of the new rent increase and the date it starts...

When you still get the normal old amount on that rent check date, serve them a 3-day notice to pay the balance of rent or quit.

On the 4th day file an eviction with an attorney...

What you have here is a classic case of 'confused ownership' you have just come along as the new owner, they have been there a long while and feel they own it and you are the new kid on the block.

Time to ENFORCE your position and show you strictly take no crap otherwise they will walk all over you...

What is the name of your state? Minnesota

I recently purchased a duplex and one of the tenants is refusing to sign a lease agreement. They did not have a signed lease with the previous owner, or anything in writing. They have been at the premises for 13 years. They also are refusing to pay the new increased rent instead they are only paying the old amount. I have handed them the new lease in person and sent it via certified mail. I have let them know in person and via mail that the rent has increased. At this point, it wouldn't cause me grief to see them go. What can I do? Do they have a leg to stand on? Thanks!

 

[rracm]

Thanks for the response. That's pretty much what I thought, but I just wanted some confirmation in case this goes as far as evicting them. I have called them and sent a letter indicating the new terms and requiring them to sign the lease by a specified date. Also indicating that if they do not agree to the terms they are to quit the premises. Now I just have to wait and see what sort of response I generate.

Thanks again!

 

[south]

If you really want them out raising the rent will do it....

Your post bites home I went through exactly the same thing when I took over a building.

When the new rent was due I asked one where the balance was, I was told that the tenants had got together and no one is going to pay you so why should we then closed the door in my face, I pulled the 3-day notice out my pocket knocked on the door and served the notice then stuck one on the door and mailed one, did the same for all the tenants in the building, they all complied by the third day some of them looked like they had just been slapped with a wet fish some screamed at me or acted aggressive but I just laughed and just said wakey wakey when they realized I was not the same as the last owner…

Some gave notice they were moving out which suited me just fine gave me an opportunity to improve, get more rent and choose professional tenants.

When you get tenants like this you are better of getting rid of them all one by one, otherwise they will plot and scheme the whole time they are there, fix up and rent to new.

Thanks for the response. That's pretty much what I thought, but I just wanted some confirmation in case this goes as far as evicting them. I have called them and sent a letter indicating the new terms and requiring them to sign the lease by a specified date. Also indicating that if they do not agree to the terms they are to quit the premises. Now I just have to wait and see what sort of response I generate.

Thanks again!

 

[rracm]

Thanks South. When I initially purchased the place the previous owner considered it a selling point that the tenants had been there 13 years. I met them several times as I inspected the building three times before I purchased it, each time they told me it was a great place to live and that they'd had no problems.

An hour after I closed I went over with lease in hand and then I get the sob stories and how they're thinking about moving and all the problems they've had with the place. I was initially stunned, as I was counting on their rent, but now I would just rather see them leave. I'm not going to let them spend the remainder of their time there without signing a lease, however. I can certainly fix the place up and get even more rent, they haven't done a dang thing to the place the 13 years they've been there.

 

[ENASNI]

Oy

rracm...Peruse this forum for a bit, especially the posts where the tenant wants to break a lease. You would not believe what they pull out from behind their ears as a reason.

It is amazing what is "wrong" with a dwelling when they have raised rents, or need to break a lease because of a job offer, a marriage or heck.. I think one was because of chickens in the attic.. no.. I made that one up.

Good luck!

 

[FarmerJ]

RR just by chance the property is not in Minneapolis is it?

 

[fairlight]

I recently moved out of a building where one of the tenants has lived for 25 years. No lease for this lady for most of them. She loved to talk to me about the former slumlord, his psychotic manager, the tenants who posted porn on their apartment doors, the dumb as a doornail current manager, yada, yada. Her best friend was murdered (by someone she knew) in the apartment I moved into. Her move out of the place? Nah. Too much trouble. Better to stay there and complain to the person who moved into my old apartment.

 

[south]

Same thing when I did the inspection, I never tell tenants I am the buyer, when I was inspecting and I asked if there were any problems not one tenant said there was.

Once I took over I heard the same BS when I told them of the rent increase, problem this problem that they acted like I had been a bad landlord to them for years..........

The whole act is bull tenants only do this to try and stop the rent getting raised.....

Kick em all out...

Thanks South. When I initially purchased the place the previous owner considered it a selling point that the tenants had been there 13 years. I met them several times as I inspected the building three times before I purchased it, each time they told me it was a great place to live and that they'd had no problems.

An hour after I closed I went over with lease in hand and then I get the sob stories and how they're thinking about moving and all the problems they've had with the place. I was initially stunned, as I was counting on their rent, but now I would just rather see them leave. I'm not going to let them spend the remainder of their time there without signing a lease, however. I can certainly fix the place up and get even more rent, they haven't done a dang thing to the place the 13 years they've been there.

 

[treese]

South is soooo right on.

A multifamily next to mine sold recently and the tenants gave the new owner nothing but problems.

The previous owner was an older lady that died a few months back. The deceased owner's family did not really want to deal with the property, so nobody bothered to collect rent for three months.

Rent was way below market, so the new LL sent letters raising the rent within reason. The tenants balked, played the "bad landlord"... you wronged me game. They acted like they owned the place because they had been there for years.

The property is completely empty right now. The new LL evicted them all and is screening applicants very carefully.

 

[south]

P.S I was also punished by the tenants for about 2/3 months afterwards, what they would do is leave their faucets running night and day, I was aware of it because I went to look at one of the empty units one night that I was putting a new bathroom, I had taken the sink and toilet out, it was about 12:15am and I could hear water running fast, I noticed all the lights next door were off, so I waitd about an hour and the water was still running.

So I went around the front of building and I could hear water running fast in another unit, so I shut down the water for the whole building and waited no lights came on, my phone did not ring so I went home....

The next day my phone rings at about 7am tenants bitching there is no water, so I told them to go and knock on unit F, I, G and A and ask why the water was shut off on the building, I went to the building all the tenants were out side like a lynch mob pretending they had not done anything wrong I told them the water will be shut down on the building every night for as long as tenants think they are smart asses by running faucets night and day..

Made no difference faucets were still left running so every night I would shut the water down and the whole building would have to wait until I got there each morning to have showers etc it took a few months of me turning up late for them to get it, I also told them when the water bill comes in if it is way over the top I would need to do a second rent increase... The BS stopped

Water bill came in 5 times higher than normal I sent warnings out I also had informed the utility company of the criminal waste they basicaly said there was nothing I could do but turn the water of when I hear unused faucets running water for hours.

South is soooo right on.

A multifamily next to mine sold recently and the tenants gave the new owner nothing but problems.

The previous owner was an older lady that died a few months back. The deceased owner's family did not really want to deal with the property, so nobody bothered to collect rent for three months.

Rent was way below market, so the new LL sent letters raising the rent within reason. The tenants balked, played the "bad landlord"... you wronged me game. They acted like they owned the place because they had been there for years.

The property is completely empty right now. The new LL evicted them all and is screening applicants very carefully.

 

[adam_1981]

Isn't it illegal to turn off a tenants utilities?

 

[Who's Liable?]

Yes it can be... If it was in a state that strictly forbids it, the LL can face severe monetary punishments PER INDIVIDUAL unit... Imagine facing 10+ of those!

Not very smart of South to do if he lives in a state that forbids it...

 

[south]

Not in this situation as told by the utility company.

I hear fast non-stop running water in the middle of the night I can turn the building water of until I find out where the problem is. 'Emergency'.

I disgused this with utility co who said that if I hear water running in the fashion I described turn the water of until you find the problem.

In regards to shutting a tenants utilities of yes off course that is illegal, this was not a case of just turning utilities of, this was an emergency response each time to fast running un-supervised water running in the building.

Yes it can be... If it was in a state that strictly forbids it, the LL can face severe monetary punishments PER INDIVIDUAL unit... Imagine facing 10+ of those!

Not very smart of South to do if he lives in a state that forbids it...