Bought property, tenant still there

[Bmoore]

Jurisdiction

Missouri

We bought a property with two homes on it. One was being used as a rental property. The tenant was supposed to have been moved out by July 5 per previous owners. We closed on the property on July 8, went to open the properties and discovered the tenant had not moved. We knocked on the door and there was a boy in the house alone. He didn't answer, but called his grandmother who arrived briefly to the property. She said her daughter lives there and doesn't have anywhere to go. We told her we have our own tenant moving in, so she can't stay. But we told her she could live there for the month if she paid $400 in rent. So, the main house did not come with a washer and dryer. We had planned to move the washer and dryer to the main house for our own use. We called her and told her we needed to get the washer and dryer on a Saturday. She said she was doing laundry, so could we wait until Tuesday. We said that was fine, but then she won't answer her phone or her door. When I finally got ahold of her, she said that the washer and dryer come with the house and she's had them the whole time she's been renting there and she will not let us take them. I reminded her that she was not even supposed to be there, and that we don't have a "lease" or "agreement ". We purchased the property including the washer and dryer and we need them. I have called the sheriff and they are supposedly looking into whether or not we can go in and remove the washer and dryer legally. Do I have the right to remove those appliances from the rental? She paid rent from July 8, 2019-August 8, 2019. We have served her with an eviction notice as of August 22. I'm sure she will not leave them, either. None of this should have been put on me, and no one seems to be able to help. Thanks

 

[Zigner]

She is a TENANT and has the legal right to be treated as such. You shouldn't have closed if she was still there. You have to follow the LAW, which includes not coming in and removing appliances that were provided.

 

[justblue]

We bought a property with two homes on it. One was being used as a rental property. The tenant was supposed to have been moved out by July 5 per previous owners. We closed on the property on July 8, went to open the properties and discovered the tenant had not moved. We knocked on the door and there was a boy in the house alone. He didn't answer, but called his grandmother who arrived briefly to the property. She said her daughter lives there and doesn't have anywhere to go. We told her we have our own tenant moving in, so she can't stay. But we told her she could live there for the month if she paid $400 in rent. So, the main house did not come with a washer and dryer. We had planned to move the washer and dryer to the main house for our own use. We called her and told her we needed to get the washer and dryer on a Saturday. She said she was doing laundry, so could we wait until Tuesday. We said that was fine, but then she won't answer her phone or her door. When I finally got ahold of her, she said that the washer and dryer come with the house and she's had them the whole time she's been renting there and she will not let us take them. I reminded her that she was not even supposed to be there, and that we don't have a "lease" or "agreement ". We purchased the property including the washer and dryer and we need them. I have called the sheriff and they are supposedly looking into whether or not we can go in and remove the washer and dryer legally. Do I have the right to remove those appliances from the rental? She paid rent from July 8, 2019-August 8, 2019. We have served her with an eviction notice as of August 22. I'm sure she will not leave them, either. None of this should have been put on me, and no one seems to be able to help. Thanks

Did this tenant have a lease with the previous owners or was it a month to month tenancy?

 

[justblue]

You need to read and memorize the landlord/tenant laws:



https://ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf?sfvrsn=4

 

[Bmoore]

Did this tenant have a lease with the previous owners or was it a month to month tenancy?

I don't know. The tenant was supposed to have vacated by July 5. I have never even met this person, nor did the previous owner share this information with me.

 

[Zigner]

I don't know. The tenant was supposed to have vacated by July 5. I have never even met this person, nor did the previous owner share this information with me.

Sounds like you need to get in touch with the previous owner. You may also wish to offer your tenant cash in exchange for moving early.

 

[army judge]

I don't know. The tenant was supposed to have vacated by July 5. I have never even met this person, nor did the previous owner share this information with me.

You bought two homes along with the obligations and responsibilities of the former homeowner's tenant.

You are legally bound to honor YOUR tenant's lease.

Congratulations on becoming a property magnate and a NEW landlord.

I suggest you endeavor to keep your tenant happy so she/he keeps paying the rent on time.

Shucks, boss, say howdy to your tenant for us.

 

[justblue]

I don't know. The tenant was supposed to have vacated by July 5. I have never even met this person, nor did the previous owner share this information with me.

I suggest you ask either the seller or the tenant. And you truly NEED to educate yourself on the laws for your state. Making mistakes can be very costly for a landlord. I also suggest you stop trying to take the washer/dryer from the tenant...she rented the home with the set and it should remain with her till her tenancy is over.

 

[adjusterjack]

None of this should have been put on me, and no one seems to be able to help.

That's because you put it on yourself.

We bought a property with two homes on it. One was being used as a rental property. The tenant was supposed to have been moved out by July 5 per previous owners.

Was that specified in your purchase contract? If it wasn't then you bought yourself a tenant occupied property.

If it was then you should have done a final inspection before closing to make sure the tenant was out and then just refused to close if the tenant wasn't out.

she said that the washer and dryer come with the house and she's had them the whole time she's been renting there and she will not let us take them.

She's right.

I reminded her that she was not even supposed to be there, and that we don't have a "lease" or "agreement ".

Yes, you do, you have a month to month agreement that was transferred to you when you bought property with an occupied dwelling. Until she got proper notice of termination (which you apparently did today) she stays put, with the washer/dryer until 8/22.

If she is still there after 8/22 you file for eviction through the courts. That could take another month.

The tenant was supposed to have vacated by July 5.

You should have gone there on July 5 to make sure of it.

We told her we have our own tenant moving in

Do you have a contract with your new tenant that specifies a start date? If you do, you are going to be in breach of contract if you don't provide your new tenant a place to live on the start date. That could prove quite costly.

 

[mightymoose]

Do not remove the appliances. That could backfire and lead to YOU being sued.

You goofed by not ensuring the property was vacant before closing. You goofed again when you offered to allow the tenant to remain for $400.

If you want her out quickly you will have to make it easy for her. Help her find a place and maybe offer to help move and also some cash to ease the process. Covering her first month's rent and a deposit may be cheaper in the long run than going through a lengthy eviction.

If she isn't cooperative with that she does not have to go anywhere at all, whether she pays or not, until you obtain an eviction. I suggest you immediately give written notice of termination of the lease. This could be 30 days notice or more depending on your state laws. Upon giving her that notice offer assistance to move and keep her cooperative..

Simultaneously you can prepare for the eviction process so you have everything ready to go if she doesn't move out by the date you specify in the notice. Time is money... don't waste it.

Police can not help you with this. They will ultimately defend her right to stay and direct you to the courts.