Sell Your House with Inherited Tenants? Solve a big Landlord Job.
Suddenly becoming a landlord to tenants you didn't choose is complicated and stressful. You must honor their lease and follow complex laws. Learn how to solve this situation easily.
The Unexpected Challenges
You Inherit the Lease
You are legally bound by the terms of the existing lease agreement, even if you didn't create or sign it. You cannot change the rent or terms until the lease expires.
Dealing with Unknown Tenants
You have no relationship with the tenants. You don't know if they pay on time, take care of the property, or will be difficult to deal with.
Complex Eviction Rules
If the tenants are problematic, you still must follow the full legal eviction process, which is complex and time-consuming, especially for an inexperienced landlord.
Section 8 Complications
If the property has Section 8 tenants, you must also comply with strict federal housing regulations and paperwork, adding another layer of complexity.
Your 3 Main Options
Become a Landlord
Keep the property and the tenants, collect rent, and manage the property yourself or hire a property manager.
Pros:
Potential for monthly income.
Cons:
You are responsible for all repairs, tenant issues, and legal compliance. Can be a major headache.High learning curve if you're a new landlord.
Wait for Lease to Expire
Wait until the current lease ends and then either ask the tenants to leave or have them sign a new lease with your terms.
Pros:
Gives you time to decide what to do.
Cons:
You are still the landlord during this period.Tenants may refuse to leave, forcing an eviction.
Sell the Property with Tenants
Sell the property 'as-is' to a professional cash buyer who will take over the lease and the tenants.
Pros:
Fastest, simplest solution. No need to be a landlord or deal with tenants. Get cash for the property without any hassle. Buyer handles all future tenant responsibilities.
Cons:
You will sell for less than if the property were vacant and renovated.
Frequently Asked Questions
Can I just tell the tenants to leave after I inherit the house?
No. You must honor the full term of their existing lease. You can only ask them to leave or begin an eviction process (if you have legal grounds) after the lease term has expired, and you must give proper written notice according to your state's laws.
What if the tenants stop paying rent to me, the new owner?
If they stop paying, you can begin the formal eviction process, which starts with a 'Pay or Quit' notice. However, this process can be lengthy and expensive. This is a primary reason many inheritors choose to sell instead. For more information, read our guide on problematic tenants.
Is it hard to sell a house with tenants in it?
It is very difficult to sell a tenant-occupied property on the traditional market. Most regular homebuyers want to move in themselves and are not interested in being landlords. Selling to a cash buyer who specializes in rental properties is by far the easiest way.
I don't even have a copy of the lease. What do I do?
This is a common problem. Your first step should be to formally introduce yourself to the tenants as the new owner and request a copy of their lease. If they cannot provide one, you may need to consult an attorney to establish a month-to-month tenancy based on their history of payments to the previous owner.
Don't Want to Be a Landlord?
You don't have to be. Sell your inherited rental property to us, and we'll take care of the tenants, the lease, and everything else.
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