How do I evict a tenant if I want to sell the property?
I have a tenant under an informal arrangement and now want to have her sign a lease. I am anticipating she may not leave the property willingly if we decide to sell the home, although we have no immediate need to do so. How can I word the lease to protect against this?
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If you think you may want to sell during the lease term, best not to use a lease and continue month-to-month so you can end the tenancy faster.
Practically, you can often get a tenant to leave quickly by offering incentives — for example, rent credit and/or moving expenses.
You may also want to add a clause to the lease that reserves the right for the landlord to terminate on 30 days’ notice in the event the property is being sold.
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I have a tenant under an informal arrangement and now want to have her sign a lease. I am anticipating she may not leave the property willingly if we decide to sell the home, although we have no immediate need to do so. How can I word the lease to protect against this?
Lexi, Chatbot
I understand your concern about ensuring your tenant’s cooperation in the future. Have you discussed with the tenant the possibility of signing a lease agreement?
I’m doing that now — that’s what I’m doing.
Lexi, Chatbot
How long has the tenant been living on the property under the informal arrangement?
5 years.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your lease agreement.
No
Dan
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for over 21 years. I'm truly sorry you're going through this, and I'll do my best to provide clear answers and address your questions with care.
To get started and better understand your situation, I have a couple of quick questions:
- Is the tenant willing to sign a lease at all?
- You want to make sure the tenant cannot leave early?
- What is your main concern here? In other words, what's the biggest issue for you right now?
1 - Yes, she is.
My main concern is that in the future when we sell the place she will not leave willingly, and with no lease we will be in a worse position regarding getting her out — is that true?
Dan
Got it. Thanks! Please bear with me as I'm working on your answer. Thank you for your patience.
Dan
Thanks for sharing that with me. I really appreciate it. I’ve prepared your answer with your concerns in mind. Take your time reviewing it, and if anything is unclear or you have more questions, just let me know — I’m here to help.
Dan
If you think you may want to sell during the lease term, best not to use a lease and continue month-to-month so you can end the tenancy faster.
Practically, you can often get a tenant to leave quickly by offering incentives — for example, rent credit and/or moving expenses.
You may also want to add a clause to the lease that reserves the right for the landlord to terminate on 30 days’ notice in the event the property is being sold.
There are no incentives — she would prefer to stay. And the lease already stipulates a 30-day notice period; it’s a month-to-month lease.
Can you confirm that I am better off with a lease than with no lease?
Dan
Then if she does not leave, you would give such notice and file for eviction in court. A lease with a 30-day notice or no lease at all are effectively the same.
I want to make sure the answer is clear and that you fully understand it. If you have any follow-up questions or need clarification, please feel free to ask. Otherwise, if everything makes sense, just reply with “all set.” Thank you!
Just to be clear: if she has no lease, how do I file for eviction?
Dan
30-day notice and then petition in court. Typically, you would use an eviction firm to expedite for a flat fee.
Ok, all set.
Dan
Perfect, thank you! It’s been great chatting with you. Thanks so much for sharing your questions with me. Wishing you all the best — I hope you have a wonderful day!
Thanks.
Dan
Most welcome.
Dan
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