# Landlord / Renters question



## mbjr (Dec 29, 2016)

I am hoping someone on here is an ATTY or familiar with my question.

My dad had rental properties, he passed away in October this year, He left me some property with a Mobile Home that is currently occupied by a renter.

I have received the quit claim deeds as the new owner of said property. I wish to move into this property so I can quit paying rent were I reside now.

How do I get the renter out so I can move in, I do not want to be a landlord.  This renter is not all there and her care taker gets her check and pays her bills for her.

I took the December rent check cause I did not want to put someone out at Christmas time. but I told her care taker to have her moved out by January 7th.

What else do I need to do? 

My current lease expires in June and I would like to be moved into this place by then..


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## jimbo4116 (Dec 29, 2016)

mbjr said:


> I am hoping someone on here is an ATTY or familiar with my question.
> 
> My dad had rental properties, he passed away in October this year, He left me some property with a Mobile Home that is currently occupied by a renter.
> 
> ...



If there is no written and signed lease you have to give 60 days notice. Do it in writing and get a receipt of service.  You can google Notices to Vacate forms.


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## mbjr (Dec 29, 2016)

Ok Jimbo,

My stepmom said she had originally signed a lease but it was for another property & address, it had septic line problems so the let her move into what is now my property.

to my understanding the lease is no longer valid.

I did read the Georgia's Landlord tenant handbook rules and seen the 60 days notice.

Should I collect the rent during this time?


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## 660griz (Dec 29, 2016)

mbjr said:


> Should I collect the rent during this time?



Yes. Until they leave.


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## jimbo4116 (Dec 29, 2016)

660griz said:


> Yes. Until they leave.



Serve the notice after they have paid you the current month's rent.  Most times rent is paid in advance. You might not get the last months rent.

If your tenants are not cooperative, you may need to get and eviction notice from Magistrate Court. You can talk with the Magistrate Office about the process.

Much of that depends on whether there is a lease agreement and someone can produce it. 

I am not an attorney.


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## mbjr (Dec 29, 2016)

OK both yall thanks for the info I want to do it the legal way..


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## westcobbdog (Dec 29, 2016)

Set up a walk thru as Owner with tenant before they vacate to check for damages and to also know what to expect.


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## sinclair1 (Dec 29, 2016)

In your case where it's not an investment, but you want them out. I would offer a rebate of the last months rent if they leave as determined.

It's worth the rebate not to force them out by law, could hold you up with the relocation issue otherwise.


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## JohnnyWalker (Dec 29, 2016)

This is a little off what you asked but is something you may want to think about.
If the tenant has been paying their rent consistently and not late think about this.
If you evict her then move in, you are still going to have to pay the taxes in any case.
Regardless if you move in or continue to rent it out you should have insurance.
As a rental property you can deduct those items and take a deduction for depreciation as a place you live in you can only deduct the taxes from your taxes.
If your rental income matches what you are paying for rent you are still living free and have the advantage of business deductions.


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## Grub Master (Dec 29, 2016)

If you continue letting them rent then you have rental income that should offset some or all of the rent you are paying for your personal residence.  Good tenants are hard to find.  If they are a good tenant I'd look at keeping them.  Also you might want to talk with an accountant about the tax benefits of having a rental property.  Reading the Georgia tenant landlord manual is a good start.  If you keep them then you need to have them sign a lease.  I'll be glad to share the one I've been using and walk you through it. 
Sorry you lost you Dad.
Good Luck


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## Artfuldodger (Dec 29, 2016)

sinclair1 said:


> In your case where it's not an investment, but you want them out. I would offer a rebate of the last months rent if they leave as determined.
> 
> It's worth the rebate not to force them out by law, could hold you up with the relocation issue otherwise.



That sounds like a good idea to me. Otherwise if they don't move out, you will have to evict regardless of whether you have a lease agreement or not.

The OP will still have to do a lot of repairs, painting, carpet, etc. before he moves in. Regardless of how clean the renters were which I doubt they were. Without a rental agreement, I don't see how you can get any money out of them for repairs. 
Like Sinclair said, you want them out where you can move in. Just get them out however it takes and as quickly as it takes, write off any damage, fix the place up, and move in.


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## mbjr (Dec 30, 2016)

Artfuldodger said:


> That sounds like a good idea to me. Otherwise if they don't move out, you will have to evict regardless of whether you have a lease agreement or not.
> 
> The OP will still have to do a lot of repairs, painting, carpet, etc. before he moves in. Regardless of how clean the renters were which I doubt they were. Without a rental agreement, I don't see how you can get any money out of them for repairs.
> Like Sinclair said, you want them out where you can move in. Just get them out however it takes and as quickly as it takes, write off any damage, fix the place up, and move in.



Thanks all for the advice, she only pays 225 month and were I am living my rent is 500 month.  I am sending the 60 notice to vacate today certified return receipt mail, if she has not moved by the date I will goto the court and get a dispossary warrant.


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## Artfuldodger (Dec 30, 2016)

I had a renter once that wouldn't move. We gave them a notice to vacate and they moved out before we had to evict. 

My Mom got the "Notice to Vacate" letter from someone. It sounded very official acknowledging that at the end of the 30 or 60 days, we would start the eviction process.

Then after that the house burnt down. The Fire Dept. said it was arson. Now I'm ready to get out of the rental business. I've only got one other rental house. Maybe if I had five rental houses and they were all in my own city. Even then, it's always been a nightmare to me. Trying to figure out who to rent to. Mom said she wished she had a crystal ball. Collecting rent on time, always performing preventive maintenance on the property, trying to decide to just get by or make a bigger repair/upgrade, renters moving in other people, neighbors complaining about things your renters do, unauthorized pets, renters not reporting water leaks, always cutting the window screens, door screens never have a chance. Renters hate door screens with a passion. Broken window pains. Greasy beyond belief stoves, renters fry everything. 
They must fight a lot too as I usually have to replace the bedroom lock and the wood around it. I guess during the fights the wife runs to the bedroom and locks the door making the husband mad.


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## westcobbdog (Dec 30, 2016)

Artfuldodger said:


> I had a renter once that wouldn't move. We gave them a notice to vacate and they moved out before we had to evict.
> 
> My Mom got the "Notice to Vacate" letter from someone. It sounded very official acknowledging that at the end of the 30 or 60 days, we would start the eviction process.
> 
> ...



The very definition of Tenancy at Sufferance.


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## mbjr (Dec 30, 2016)

westcobbdog said:


> The very definition of Tenancy at Sufferance.



Yeah I told my dad years ago I would not be a landlord, cause of all the messes he has had to deal with.

I am expecting on spending some money to repair this place once she moves out. just praying she leaves the AC unit and other appliances that are not hers..


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## Artfuldodger (Dec 30, 2016)

Would the tenant be bound by the old owner's lease, if he had one, to the new owner of said property? Does the lease transfer or is that where the "Tenancy of Sufferance" comes into play? Sort of a legal limbo until the new owner and the renter agree to a new lease.


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## jimbo4116 (Dec 30, 2016)

Artfuldodger said:


> Would the tenant be bound by the old owner's lease, if he had one, to the new owner of said property? Does the lease transfer or is that where the "Tenancy of Sufferance" comes into play? Sort of a legal limbo until the new owner and the renter agree to a new lease.



Depends on what the lease agreement says if there is an enforceable one.  Usually an heirs and assigns clause in a lease agreement.


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## 95g atl (Dec 30, 2016)

jimbo4116 said:


> If there is no written and signed lease you have to give 60 days notice. Do it in writing and get a receipt of service.  You can google Notices to Vacate forms.




Correct....60 days if there is no lease in place...or lease exp'd and month to month now.  



mbjr said:


> Ok Jimbo,
> 
> My stepmom said she had originally signed a lease but it was for another property & address, it had septic line problems so the let her move into what is now my property.
> 
> ...



Get a copy of the lease stepmom has.  If lease term is expired, it goes month to month.

and yes....continue collecting rent.



mbjr said:


> Thanks all for the advice, she only pays 225 month and were I am living my rent is 500 month.  I am sending the 60 notice to vacate today certified return receipt mail, if she has not moved by the date I will goto the court and get a dispossary warrant.



$225/mo????  wow.  I wouldn't want to move either.

Easy to get an eviction here in Gwinnett. 
I just filed one yesterday on a tenant since they quit paying rent and wouldn't answer their door. 

Good luck and keep us posted.


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## 95g atl (Dec 30, 2016)

jimbo4116 said:


> Depends on what the lease agreement says if there is an enforceable one.  Usually an heirs and assigns clause in a lease agreement.



all my leases state Landlord " successors and/or assigns".  Hopefully yours does as well.


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## jimbo4116 (Dec 30, 2016)

95g atl said:


> all my leases state Landlord " successors and/or assigns".  Hopefully yours does as well.



Wouldn't sign one without it.  But have seen simple leases without it.


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## Artfuldodger (Dec 31, 2016)

So if a lease expires and it goes month to month, and one is the renter, the landlord must give him 60 days to move?

What about the renter? Can he just move out without any notice to the landlord? The renter doesn't have to give his landlord a 60 day notice does he?


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## westcobbdog (Dec 31, 2016)

Artfuldodger said:


> Would the tenant be bound by the old owner's lease, if he had one, to the new owner of said property? Does the lease transfer or is that where the "Tenancy of Sufferance" comes into play? Sort of a legal limbo until the new owner and the renter agree to a new lease.



Tenancy at sufferance is just another phrase for a bad bad tenant.


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## westcobbdog (Dec 31, 2016)

Artfuldodger said:


> So if a lease expires and it goes month to month, and one is the renter, the landlord must give him 60 days to move?
> 
> What about the renter? Can he just move out without any notice to the landlord? The renter doesn't have to give his landlord a 60 day notice does he?



in Ga usually the LL has to give the tenant 60 days and the tenant has to give LL 30 days.


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## skeeter24 (Dec 31, 2016)

Artfuldodger said:


> I had a renter once that wouldn't move. We gave them a notice to vacate and they moved out before we had to evict.
> 
> My Mom got the "Notice to Vacate" letter from someone. It sounded very official acknowledging that at the end of the 30 or 60 days, we would start the eviction process.
> 
> ...



Two words.....property management.  We have good ones.  All I do is watch my bank accounts grow and look for new investment properties


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## skeeter24 (Dec 31, 2016)

jimbo4116 said:


> If there is no written and signed lease you have to give 60 days notice. Do it in writing and get a receipt of service.  You can google Notices to Vacate forms.



Yup...just hope they don't know how to game the system and file a medical hardship or something else than can delay the process even longer.


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## 95g atl (Dec 31, 2016)

Artfuldodger said:


> So if a lease expires and it goes month to month, and one is the renter, the landlord must give him 60 days to move?
> 
> What about the renter? Can he just move out without any notice to the landlord? The renter doesn't have to give his landlord a 60 day notice does he?



yes....landlord 60 days
Tenant only has to give 30 days.


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## 95g atl (Dec 31, 2016)

skeeter24 said:


> Yup...just hope they don't know how to game the system and file a medical hardship or something else than can delay the process even longer.



yeah, like a Bankruptcy.


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## Artfuldodger (Dec 31, 2016)

95g atl said:


> yeah, like a Bankruptcy.



That happened to my Dad, he was doing a rent to own and the man filed bankrupty. I think he stayed there six to twelve months rent free. 
Another bad aspect of that was he never called Dad for repairs. Not that Dad could go as he was ordered by the court to not even go on the property. So when he moved out, the place was a mess.

Is it about the same process if someone is just renting and files bankruptcy?

Another problem I've seen in the past with my parents and other landlords is when someone moves away and leaves a whole house full of useless junk. Mattresses, chest of drawers, dirty dishes, piles upon piles of clothes, and roaches. Moving away was only part of the nightmare. You couldn't just haul off their belongings(junk) until they were evicted due to abandonment.

Renters don't like to wash clothes either, they just buy more. I've never seen so many left behind clothes in my life. They liked photographs too. I remember throwing away boxes of photographs, photo albums, photos still in the Revco bags, and pictures in frames. 

They always had lots of car care products such as waxes and Amour-all they'd leave behind but they couldn't pay their rent.

My renter left a deep freeze in the yard with no lid. It filled up with water. When I tipped it over, it had a transmission in it.

Now one could say culture or income but I've talked to landords renting houses that rent for $600.00 receiving the same abuse. They would keep the grounds fairly clean but move out after totally destroying the house. 

There are two houses next to me that the owners thought they'd try their hand at being landlords. They got lucky the first leases but both got burned after that. Lucky for me, they both repaired them and sold them to some nice folks.

I've noticed Military families make good renters and neighbors. Most of them anyway.


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## Dr. Strangelove (Jan 2, 2017)

Artfuldodger said:


> That happened to my Dad, he was doing a rent to own and the man filed bankrupty. I think he stayed there six to twelve months rent free.
> Another bad aspect of that was he never called Dad for repairs. Not that Dad could go as he was ordered by the court to not even go on the property. So when he moved out, the place was a mess.
> 
> Is it about the same process if someone is just renting and files bankruptcy?
> ...




Some years ago, my parents bought their retirement house and rented it out for a few years as they weren't quite retired yet. Two of the lease clauses were "no pets" and "no painting".

Their house rented for $1000+ a month, one year lease term. They used a leasing company. Renters painted a wall deep purple and had a dog. 

It's not about culture or income, some people are just going to do what they are going to do and lease clauses can go pound sand.  Don't rent out a property that you care about. They would never do it again, according to them.


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## mbjr (Jan 3, 2017)

Just an update, My step mom called and told me the renter came by and said she found a place and will be moving this week.

Then I can began the de-roaching of the place and see what repairs I will have to get done so me and my son can move into it by May 2017..


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## Jeffriesw (Jan 3, 2017)

sinclair1 said:


> In your case where it's not an investment, but you want them out. I would offer a rebate of the last months rent if they leave as determined.
> 
> It's worth the rebate not to force them out by law, could hold you up with the relocation issue otherwise.



I had a family member with 4 or 5 rentals here in Florida who wanted to get out of the landlord business and sell the properties. He did the same thing as you mentioned above. It worked great, the renters were all moved out on the agreed upon date and very appreciative of the months worth of rent rebate and he got all of his places back with minimal damages/repairs to make, did not have to involve the law or an attorney.


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## Lone Hunter (Jan 3, 2017)

Varies state to state.  In LA the sheriff will move them out on 5 days notice.

I CA you can hardly get rid of them even if they quit paying.

Good luck.


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## Artfuldodger (Jan 3, 2017)

mbjr said:


> Just an update, My step mom called and told me the renter came by and said she found a place and will be moving this week.
> 
> Then I can began the de-roaching of the place and see what repairs I will have to get done so me and my son can move into it by May 2017..



Good news, I'd start by ripping out all of the carpet and bombing the place to include underneath. 

My family and I lived in a Horton mobile home for a few years. We had a deck on the front and back. Eventually painted the walls and replaced the carpet and furniture.
It was nice as it didn't take long to pay for. I kinda miss it.


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## Artfuldodger (Jan 3, 2017)

Swamp Runner said:


> I had a family member with 4 or 5 rentals here in Florida who wanted to get out of the landlord business and sell the properties. He did the same thing as you mentioned above. It worked great, the renters were all moved out on the agreed upon date and very appreciative of the months worth of rent rebate and he got all of his places back with minimal damages/repairs to make, did not have to involve the law or an attorney.



I would agree, know one is going to take care of your property like you would. They smoke in it, have pets in it, don't report problems early enough, have teenagers, cook greasy food, and spill Sloe Gin Fizz on the carpet under the sofa.

When they move out they take the dryer receptacle to make sure it matches at the new place, and take all of the light bulbs(hey, they were theirs as they had replaced them when yours burnt out.)

One more; renters don't have small nails or tacks for hanging pictures, they only have 10 or 12 penny nails or roofing tacks.

One more, don't ever have rural rental property with propane heat. They won't fill that tank and will use the electric stove/oven to heat the house.


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