Tenants rights

[Ibleedblue13]

Just moved back down to Florida again and am looking to buy an apartment to spend the next few years in and then keep to rent out if I decide to move out of the area. I went to check out a 2 bed/2 bath today that I really liked a lot, the only issue being that there is currently a tenant there on a month to month basis with no lease. It would be a cash buy and the deal should close fairly quickly if I decide to pull the trigger on it.

My question is what rights if any does the current tenant have. I would be willing to give her up to two weeks to find a place and move out once the deal closes but absolutely no more then that, presuming that it would become mine right away. However I'm aware that tenant rights differ state to state and if she decided she didn't feel like moving out how long would it take me to legally evict her? Not looking to take on any more headaches but the unit is in a great location and for the price I can't even come close to beating it. Thanks for any insight you might have

 

[Synyster06Gates]

Notice of 15 days must be given to tenants who pay month to month according to this site.

How to Evict a Tenant in Florida: 7 Steps - wikiHow

However, that's kinda ****ed up if she hasn't done anything wrong. You have two weeks to get your shit out and find a new place to live...

 

[Kiohtee]

Well that's kinda ****ed up.

 

[Ibleedblue13]

She has known for the whole two months its been on the market that she will have to be gone once the unit is sold, its no surprise to her. I've had some tough living situations in the past including being homeless and living in my jeep for 6 months with no heat through a Boston winter so I'm willing to work with her to a certain extent. I know how hard it can be but at the same time I'm not going to tolerate a squatter if she decides she doesn't feel like leaving. My main concern was that the lack of a lease might make it more difficult for me to get her out if she doesn't want to play nice

 

[CobRoush-00]

She has known for the whole two months its been on the market that she will have to be gone once the unit is sold, its no surprise to her. I've had some tough living situations in the past including being homeless and living in my jeep for 6 months with no heat through a Boston winter so I'm willing to work with her to a certain extent. I know how hard it can be but at the same time I'm not going to tolerate a squatter if she decides she doesn't feel like leaving. My main concern was that the lack of a lease might make it more difficult for me to get her out if she doesn't want to play nice

Actually she has a lease. I's a month-to-month lease. Now, her rights don't hold much because of the terms she agreed upon. I hope the prior landlord has some kind of documentation of the lease. Things are different from state to states but on a month-to-month, the landlord only needs to give the tenants a 30 day notice before the next rent is due. You don't owe her anything after that. It's all up to you. Good luck.

 

[Ibleedblue13]

My understanding was there is no written lease. The current owner of the unit who is selling it is the friend of the tenants daughter and so it was just a trust based rental with no actual lease. I could be wrong but that's the way my realtor explained it to me. I told him I would need a lot more information before I make any sort of a decision but I figured I would try to do some digging myself as well

 

[Ibleedblue13]

I trust realtors about as much as I trust used car salesmen

 

[YJSONLY]

How about this... Tell the seller get her out and you will give him your money. And he has X amount of days or you will go else where.

 

[CobRoush-00]

I trust realtors about as much as I trust used car salesmen

Ouch! That's a low blow because Realtors, not to be confused with just a real estate agent, are true professionals and live by a code of ethics.
Anyway, you can stipulate in your contract that the unit must be broom swept before you take possession or there's no deal. If you use an attorney, make sure you emphasize that. You shouldn't be the one dealing with the eviction of the tenant unless you want to buy it as is, knowing the tenant could be a problem. If the homeowner knows the tenant, therefore, why can't he take care of it before you move in?

 

[Ibleedblue13]

YJSONLY that's pretty much what I told my realtor to communicate. Everything must be in writing or its a no go. I've tried searching online but there's surprisingly little information about tenant occupied sales in Florida for me to go off of. Definitely a frustrating process

 

[Ibleedblue13]

Ouch! That's a low blow because Realtors, not to be confused with just a real estate agent, are true professionals and live by a code of ethics.
Anyway, you can stipulate in your contract that the unit must be broom swept before you take possession or there's no deal. If you use an attorney, make sure you emphasize that. You shouldn't be the one dealing with the eviction of the tenant unless you want to buy it as is, knowing the tenant could be a problem. If the homeowner knows the tenant, therefore, why can't he take care of it before you move in?

That's a whole different thread in and of itself. Police and military both live by a code of ethics as well and we all know there are plenty of distrustful men and women in both professions.

But back to the topic, it appears that will be my best bet is to include that in the contract. The thing that scares me/why I will only tolerate a small window of time for her to move out is until I can move in I am paying month to month myself in a shitty rental about 45 mins south of where I'm trying to buy. So until then the costs (rent, gas, eating out) will continue to add up while I try to get this worked out. Thanks for all the info so far guys I've already got more solid info on here in an hour than my realtor has been able to get me all day

 

[VirtualSVT]

Notice of 15 days must be given to tenants who pay month to month according to this site.

How to Evict a Tenant in Florida: 7 Steps - wikiHow

However, that's kinda ****ed up if she hasn't done anything wrong. You have two weeks to get your shit out and find a new place to live...

Well that's kinda ****ed up.

Not really. If she knows the unit is up for sale then she should know she can be booted at any time.

I'd give her 30 days unless she's prepped to go.

 

[CobRoush-00]

That's a whole different thread in and of itself. Police and military both live by a code of ethics as well and we all know there are plenty of distrustful men and women in both professions.

But back to the topic, it appears that will be my best bet is to include that in the contract. The thing that scares me/why I will only tolerate a small window of time for her to move out is until I can move in I am paying month to month myself in a shitty rental about 45 mins south of where I'm trying to buy. So until then the costs (rent, gas, eating out) will continue to add up while I try to get this worked out. Thanks for all the info so far guys I've already got more solid info on here in an hour than my realtor has been able to get me all day

You are absolutely right about people no matter what profession they are in. Keep in mind that you are in the power seat of this transaction because you are the one with the money. They must get the tenant out or there is no deal. And make sure everything is stipulated in the contract, otherwise DO NOT sign it. Good luck and I hope you come back telling us the good news.

 

[UncleDan]

In Massachusetts: Tenant at Will (month to month)
"Either the landlord or you may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required to terminate a Tenancy at Will."

In short, it's a minimum of 30 days notice that the Landlord must give to the current Tenant to end their residence at the property.

Better advice would be to move on and find something else. The Landlord/Tenant Laws in this State are VERY pro-Tenant. This kind of thing can lead to a nasty can of worms being opened involving Lawyers and Lawsuits.

 

[Ibleedblue13]

Thanks for the info Dan but the apartment is in Florida, I should've made that more clear in the OP. I would normally just move on and find something else but the location and the apartment itself are absolutely perfect for me. Not to mention I can pretty much steal it and HOA's are very reasonable

 

[James Snover]

I have always heard that in Florida, if you think you're getting a really good deal on any kind of real-estate transaction, you really need to step back and take a long hard look, because somehow you are getting screwed.

Just moved back down to Florida again and am looking to buy an apartment to spend the next few years in and then keep to rent out if I decide to move out of the area. I went to check out a 2 bed/2 bath today that I really liked a lot, the only issue being that there is currently a tenant there on a month to month basis with no lease. It would be a cash buy and the deal should close fairly quickly if I decide to pull the trigger on it.

My question is what rights if any does the current tenant have. I would be willing to give her up to two weeks to find a place and move out once the deal closes but absolutely no more then that, presuming that it would become mine right away. However I'm aware that tenant rights differ state to state and if she decided she didn't feel like moving out how long would it take me to legally evict her? Not looking to take on any more headaches but the unit is in a great location and for the price I can't even come close to beating it. Thanks for any insight you might have

 

[Ibleedblue13]

I have always heard that in Florida, if you think you're getting a really good deal on any kind of real-estate transaction, you really need to step back and take a long hard look, because somehow you are getting screwed.

It's on US-1, and Lake Park (not the best town) is about a mile down the road, so both of those pretty much equal the savings i'm getting compared to similar units in the general area. Neither of those matter to me and the fact that it's in North Palm Beach is a definite plus.

But I do agree with you James, i'm definitely nervous that i'll end up getting screwed somehow in the long run and will be doing quite a bit more research before I make any final decisions.

 

[leo2hot4tv]

Notice of 15 days must be given to tenants who pay month to month according to this site.

How to Evict a Tenant in Florida: 7 Steps - wikiHow

However, that's kinda ****ed up if she hasn't done anything wrong. You have two weeks to get your shit out and find a new place to live...

Yep, Florida is a tenant friendly state. The landlord is more likely to get shafted; however since she's month to month it helps the OP; additionally since the property will have a new owner the old lease has nothing to do with the new guy.

 

[flyby763]

If she doesn't move out willingly at the end of her current lease it will take at least a month through the legal system. My fiancé had to go through this with one of her tenants a couple months ago.

 

[KLLR SNK]

If you take possession subject to tenants rights I would be just as concerned with tenant eviction processes in Florida. It might be a good time to contact a real estate attorney before entering a purchase contract so he/she can convey your interests and concerns.