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I have a question about a property that I am likely to win…

Hi, I have a...

Hi, I have a question about a property that I am likely to win in an auction. It has to do with what I might have to go through to get the current owner to remove his stuff.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None. The auction is this week.

Lawyer's Assistant: Where is the property located?

New Hampshire

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thanks

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Answered in 9 minutes by:
5/28/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,402
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Give me a moment to review and type my reply. Is there a tenant still there or just his his belongings?

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Customer reply replied 2 months ago
Here is the short version: It's an abutter to a property we own and have a cabin on. He violated the town's ordinance about having structures on the property so many times that he owes tens of thousands of dollars. The town put a lien on the property and it's been 90 days. So now there will be an auction.
Customer reply replied 2 months ago
He has a tenant and may have someone living in one of the external structures
Customer reply replied 2 months ago
He does not think it will be sold, so he has basically done nothing to move anything out. He has the structures, etc. He was trying to build a community where people would live in the structures.
Customer reply replied 2 months ago
I'm not sure how long to wait...are you there?

If there is a tenant on the property at the time you acquire title, you will need to serve eviction papers and then file an eviction action if he does not leave.

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Customer reply replied 2 months ago
Thanks, ***** ***** that. Is there a time limit on that - in other words, if I win the auction do I need to do that immediately? Can I offer him permission to take the external structures off the property if he wants? And do I need to give his tenant any time to find housing?

There is no limit. However, I recommend that you give him a written notice to vacate. Then you can negotiate a voluntary removal date.

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Customer reply replied 2 months ago
Perfect - that's what I thought. But what about the tenant? And do I need to be extremely specific about what he can take - in other words, do I own everything on the property? For example, let's say I said he could take anything he'd like. He could conceivably take the furnace or something (I'm exaggerating, but you know what I mean I'm sure).

Here's the eviction Notice form -- see attached.

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He is only entitled to take her personal property. Fixtures or attachments to the property as yours. They are attached to the real property. I recommend that you have a very specific agreement on what he can take!

Have I answered all your questions?
If so, please remember to accept my response and post a positive rating.

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Customer reply replied 2 months ago
Excellent, I'm down to two more - you've been really helpful and I always pay extra here! First, as far as the tenant she really did nothing wrong, I'm just closing down the house until we do some renovations. It's really just a change in ownership. So who am I serving that letter to? And which section do I fill out. Second, I have heard that people occasionally negotiate a compromise so things do not get expensive legally - is that a can of worms, like if I offered to reimburse him up to $2000 to remove his stuff, or something?

You need to serve the notice on the tenant. You can pick the reason for the eviction notice. I am assuming that the tenant was not paying rent. You can use that section. The notice will open up the dialogue with the tenant for a compromise.

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Customer reply replied 2 months ago
Maybe I can sum it up to make things easier. Tell me where I am wrong, if anywhere. All of this assumes I win the auction:
1. I serve the tenant with an eviction notice, but the only reason is a change in ownership of the property and the fact that the property will cease being a rental. She was paying rent I assume.
2. I could then negotiate with her more specific terms, such as giving her some time to move out, but I should be specific about what she can take.
3. As far as the owner of the property who does not live there, I do not need to serve him at all.
4. I could reach out to him to give him time to take the outdoor structures and furniture if he would like, but I'd send a specific list
5. I could, to be nice, offer a donation to his charity if this all goes smoothly
6. On the other hand, immediately after the auction I technically own anything that does not belong to the tenant

I recommend that offer for the tenant and property to stay on the property free for the time it takes to remove it. (for example - 2 weeks). I would only offer money to the tenant to move -- as a last resort. Also, you should have the tenant execute a move out agreement to leave the property.

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Customer reply replied 2 months ago
Thanks! What about 3-6 above regarding the current owner of the property?

sent my response before I saw your additional questions. stand by.....

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1. You cannot assume that she was paying rent. You cannot assume that there is a lease.

2. Yes - move out agreement.

3. No, the owner lost his rights in the auction as to any property. No need to serve him.

4. Yes, very specific list and an agreement as to those items only.

5. Yes, you can sweeten the pot if there is cooperation!

6. Yes, it is yours (real property and all items left behind) except tenant's personal property.

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Customer reply replied 2 months ago
You were very helpful! I'm realizing I still don't know what reason to put on the eviction - I don't want it to negatively affect her in the future, but I am taking the property off the rental market.

If you want to go that route (to not negatively affect tenant) -- you can provide 30 day notice of terminating lease. see the attached form:

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Customer reply replied 2 months ago
I keep saying it's my last question but I keep asking more! I am adding an additional $50 to the charge. What if the tenant refuses that letter. Then I assume I do have to evict, and in that case what reason do I use if she's been paying rent?

The tenant cannot refuse. If you cannot personally serve, you can post it on the door!

If you terminate the lease with the letter, you will need to evict if she does not vacate. The reason will then be failure to vacate after lease termination (not failure to pay rent).

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,402
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
Perfect, thanks!!

You are welcome.

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Customer reply replied 2 months ago
I'm confused by this system - I did try to add money but I can't figure out if it went through. I'll try again if it doesn't post. Thanks again.

Received! Thank you!

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Customer reply replied 2 months ago
Perfect, thanks again!
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